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MUHAMMAD BASHIR versus THE COMMISSIONER, DERA GHAZI KHAN DIVISION, DERA GHAZI KHAN


Scheme for elimination of immovable / immovable rural agricultural land, read under section 3 of the Immovable Property and IDPs Act, 1975, CHAP I, paragraph 3, CHAP 1, paragraph 2 and 3, CHAP III. , Paragraph 3 and CHAP IV, paragraph 4 constitution of Pakistan (1973), Article 199 land meter dispute was auctioned without considering the applicant's claim because his proviso was included in paragraph 3, unauthorized in Chapter 11I of the project. The occupants also have the right to buy first, the applicants have not been heard. Or before the auction of the disputed land as immovable / immovable vacant agricultural land, the authorities were given the opportunity to present their case which cannot be denied, which shows that themselves The auction itself was not made according to the chap. The mandatory requirement of the scheme was that the highest bid would not be below the fixed price which is Rs 39,200 per the fixed formula per lot but the land was auctioned by the Deputy Commissioner at Rs 13,000 and This was confirmed by the recommendation of the Deputy Commissioner, and the auction below the price certified by the Commissioner is a violation of the law and unlawful claims of the applicants as alleged by the rulers against their interests. The decision was not made before passing or taking damaging action for their alleged rights, disputed land, as immovable land Could not be treated and the auction of the land could be made in favor of the defendants in the settlement by auction, verification and subsequent proceedings were carried out without any legal authority nor any legal effect. And done

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