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RANA HAMID KHAN versus MEMBER, (JUDICIAL-IV) BOARD OF REVENUE PUNJAB, LAHORE


Sections 2 (2) and (3) Constitution of Pakistan (1973), Article 199 Constitutional petition pending ground cash compensation for the respondents was held up to the Supreme Court as they are not entitled to land in dispute against the applicants. Who were entitled to the land. Authorities offered applicants cash in lieu of land allotments against the units. The authorities had no choice but to refuse the allotment to the applicants and to hand over the land to them in dispute The offer of cash compensation was a violation of Section 2 (3) of the Iwakee Property. And under the Displaced Persons Act (Cancellation) Act, 1975, the applicants were entitled to allotment against their claim of abandoned land in India, but the respondent was wrongly allotted in the interest of the respondents. For which the applicants were predecessors in the interests and then the applicants remained in litigation. Due to a mistake on their part, the right of the applicants was eventually settled to the Supreme Court level, then, when their rights were strengthened, it would be unfair to deprive them of their right to land allotment. To go and pay only through nominal compensation was a matter that can be confidently stated that it is a pending case / action. The High Court on the repeal of the Act declared the order passed by the authorities to be illegal and without legal authority to the extent that the applicants refused to allot land. \ R \ n

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