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AHMAD SAEED versus MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE


The Revenue Record before the repeal of the Homeless Persons (Land Settlement) Act, 1958, Sections 15 and 16 of the West Pakistan Land Revenue Act (XVII of 1967), Article 42 of the Constitution of Pakistan (1973), Article 199 of the Constitution Allocation. Was not included. Within a year of the Land Disposal (Land Settlement) Act 1958 or the Allotment Order passed, it will be deemed to have been fraudulent and, thus, liable for the cancellation of legitimate land, The petitioner was made by the Settlement Authority in 1959 and in the absence of any allegation that any fraud or misrepresentation, which was obtained by cancellation, was an unlawfully displaced person who was lawfully restored. Allotted by the Authority, it will not be permanently settled in the land nor for payment of such fees as the Government Recommended by well IDPs (Land Settlement) Act has allocated 1. 958, may be repealed under any provision, as provided for in the Constitution. However, the law did not provide that if the legitimate allotment was not included in the revenue record due to negligence of the Revenue staff, then it would be deemed to have been obtained through fraud or misrepresentation and Vesting in the title Allottee was permanent and cannot be canceled. According to the instructions issued by the Settlement Authority by the Chief Settlement Commissioner in the letter dated 6-8 1978, it is illegal, without any legal authority, and in the eyes of the law It was declared invalid, from where it fell

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