Law:

Section:

(i) Constitution of Pakistan, 1973-- ----Art. 199--NOC for alienation--Requirements to obtain NOC from GHQ--Land was allotted--Allottee died and had survived son and daughter--Further mutations were attested--Allotment was cancelled owing to without prior approval of GHQ (Army)--Validity--Allottee or his heir could not alienate land without obtaining NOC from GHQ--Question of--No action was taken when his heir made gift or alienation and of course nothing happened when the petitioner purchased land prima facie--Held: Such scrutiny may take place even after alienation--Petition was dismissed subject to that petitioner may file application within 30 days with competent authority for NOC for alienation--Petitioner would not be disturbed till decision of the application if filed within the period of time. (ii) Border Area Regulations, 1959-- ----Object and purpose of--Army Authorities would be satisfied about credential of a person who on the basis of an alienation made by allottee or his heir enters into land. Judgment The land mentioned in para 2 of the plaint was allotted to Syed Akbar Ali Shah by the Respondent No. 2, on 30.8.1965. The said allottee died and was survived by a son namely Shabbir Haider and . a daughter namely Mehmooda Begum. Mutation No. 235 of inheritance was attested in their favour on 23.4.1992. Shabbir Haider proceeded to gift away his share in favour of his wife and two sons vide Mutation No. 278 attested on 29.3.1994. On the same date vide Mutation No. 279 Ashraf Begum one of the donees sold away land measuring 36 kanals to Petitioner No. 1, while Sarfraz Ahmad and Ali Raza Haider, donees, transferred their share in favour of Petitioner No. 2 vide Mutation No. 373 attested on 5.6.2000. The petitioners have filed this writ petition being aggrieved of order dated 22.12.2005 passed by Respondent No. 2 (Annexure-E), whereby the said allotment in favour of Syed Akbar Ali Shah has been cancelled on the ground that the said transactions made by son of the allottee and those made by the donees of the said son are void having been entered without prior approval of GHQ (Army). 2. The learned counsel for petitioners contends that the allotment having…

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