Law:

Section:

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----Ss.10 & 11---Constitution of Pakistan (1973), Art-185(3) --- Leave to appeal was granted by Supreme Court to consider; whether Deputy Settlement Commissioner had the jurisdiction to declare the land in dispute as building site; whether the petitioners in Constitutional petition before the High Court were unable to produce the requisite documentary evidence in support of their claim of having purchased the plots in auction because the necessary documents were not supplied to them by the Settlement Department; whether High Court should have called for the record or remanded the matter to the Settlement Authorities for holding inquiry to ascertain the correctness or otherwise of the petitioners' claim; whether the petitioners were the sitting allottees and they had pending claim/units which should have been adjusted against the land in dispute and whether the findings of Settlement Authorities negating petitioners' claim were contrary to the record. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----S.2(3)(b)---Notification No.6894-69/491-R(P) dated 5-2-1960--­Declaration of urban agricultural land as building site---Jurisdiction---Deputy Settlement Commissioner was empowered under Notification No.6894­69/491-R(P), dated 5-2-1960, to declare only Evacuee Rural Agricultural Land as building site---Urban agricultural land declared as building site by Deputy Settlement Commissioner was without jurisdiction. (c) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----Ss. 2(3)(b), 10 & 11---Notification No. 6894-69/491-R(P), dated 5-2-1960---Declaration of urban agricultural land as building site and its auction as such---Disputed land was urban agriculture land and the same was declared as building site by Deputy Settlement Commissioner and converting it into plots was auctioned by the Authorities---Appellants being the auction purchasers of the plots claimed their entitlement to the transfer of such plots---Validity---Deputy Settlement Commissioner was not empowered to declare urban evacuee agriculture land as potential building site---As the foundation of the claim was…

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