Find a Lawyer

Civil Petition No. 311 of 1976, decided on 30th January, 1983.

(On appeal from the judgment dated 10‑12‑75 of the Lahore High Court Lahore in Writ Petition No. 137‑R of 1975).

‑‑ Art. 185(3) read with Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 10 and Rehabilitation Settlement Scheme No. II‑ Land in excess of entitlement of petitioner already allotted to some other claimant ‑ Order of Settlement Authority that allotment of such excess land to claimant cannot be disturbed at late stage upheld by High Court as being just, fair and equitable‑No interference called for.

Malik Shaukat Ali, Advocate Supreme Court and Ejaz Ahmad Khan, Advocate‑on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing: 30th January, 1983.

The petitioner, who is a displaced person was allotted agricultural land measuring 5 kanals 2 marlas (equivalent to 35 P. I. Units) in accordance with his entitlement. He was earlier holding an area equivalent to 72 P. 1. Units, out of which 37 P. 1. Units were cancelled, being in excess of his entitlement. His plea before us is that be was entitled to purchase the excess area under the existing instructions.

This question was considered by the learned Settlement and Rehabilitation Commissioner, who, in his order dated 23‑12‑1974, observed that since the land in excess had already been allotted to respondent No. 5, a temporary allottee, on his verified claim it was not advisable that the allotment already made in his favour should be disturbed at this stage. The High Court refused to interfere with the order of the Settlement and Rehabilitation Commissioner and we consider quite rightly because the order passed by him was a just, equitable and fair order.

There is, therefore, no force in this petition which is, accordingly, dismissed hereby.

Petition dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.