Law:

Section:

Martial Law Regulation No. 89 (C. M. L. A's)-Person acquiescing in curtailment affected by Regulation-Could not be allowed to resile and challenge action subsequently in writ petition Constitution of Pakistan (1962), Art. 98. Dr. Nasim, Hassan Shah, Senior Advocate Supreme Court (A. S. Salam, Advocate Supreme Court with him) instructed by Siddiq & Co., Attorneys for Petitioner. Nemo for Respondents. Date of hearing : 4th October 1967. JUDGMENT HAMOODUR RAHMAN, J.-The petitioner in this case is a dis­placed person from Muradabad (U. P.), India. The petitioner on migration to Pakistan was allotted certain lands in the districts of Mardan and Bannu under sections 15 and 16 of the Displaced Persons (Land Settlement) Act, 1958. These lands were subsequently confirmed in his favour and entered in the R. L. 11 Register. But after the promulgation of the Martial Law Regulation No. 89 on the 23rd of August 1961, his entitlement certificates, QPR-V Forms and allotment orders were all cancelled and his entitlement was scaled down in accordance with the pro­visions of the aforementioned Martial Law Regulation. He was directed to surrender the excess lands held by him between the 31st of October 1961 and the 31st of December 1961, but posses­sion was not taken immediately, as Sharif crops and sugar-cane crops were still standing on the land. On the 28th of December 1961, however, the West Pakistan Government in whom the excess lands vested by virtue of the provisions of the Martial Law Regulation No. 89, offered the same for sale to various categories of persons, including the previous allotted, who was given a preferential right. The peti­tioner accepted this offer on the 28th of February 1962, and made payments by installments from that date till the 13th of August 1966. Thereafter he made no further payments. The Deputy Rehabilitation Commissioner, Mardan, then on the 18th of May 1967, demanded the next installment of Rs. 2,556'41 ps. The petitioner challenged the validity of this demand by a writ petition in the High Court upon, inter alias, the ground that after the coming into force of the Constitution of the Islamic Republic of Pakistan on the 8th of June 1962,…

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