1999 PLP 3252 (MLD)

Iqbal Mahmood Awan for Petitioner. M. Z. Khalil Chaudhry for Respondents. Date of hearing: 20th January, 1998: The facts forming the background of this writ petition are; the petitioner is displaced person from Jammu and Kashmir. He filed his claim form for property abandoned by him in Jammu which was verified on 15-4-1980 and he was held entitled to the allotment of land worth 1385 PT Units. The petitioner thereafter, made efforts to secure allotment of land in lieu of his verified entitlement but to no effect with the result that he filed a civil suit which was dismissed by a learned Civil Judge at Lahore, on the ground of lack of jurisdiction. Hence, this writ petition.

2. It is contended by the learned counsel for the petitioner that the petitioner is not to be blamed for the delay in the matter which lies squarely with the authorities seized of the claim of the petitioner. On the contrary, the petitioner had been making consistent efforts to secure the allotment and had even approached the Civil Court for relief but failed. It is argued that in similar circumstances, relief was granted to the aggrieved persons by this Court vide Judgment dated 29-5-1997 passed in Writ Petition No. 26/R of 1997.

3. Learned Additional Advocate-General, Punjab while opposing the writ petition has contended that it is a case where the petitioners were disentitled to the grant of relief on the ground of laches. It is also argued that after the report of evacuee laws the question of allotment to a person holding verified units does not arise.

4. This writ petition merits acceptance. Their Lordships of Supreme Court of Pakistan in case of Syed Ali Ibne Muhammad and others v. Province of Punjab (1988 SCMR 1789), were pleased to observe that a person whose entitlement was not verified till such time the repeal of the evacuee laws took place, is entitled to the allotment of land. Writ Petition 26-R of 1997 filed by aggrieved persons, in similar circumstances was accepted by this Court, respectfully following the dictum of their Lordships of Supreme Court in Syed Ali Ibne Muhammad v. Province of Punjab. In the circumstances of the case the question of laches does not arise as it is established on record that the petitioner had been strenuously pursuing the matter. So much so he even filed a civil suit before the Civil Court at Lahore for recovery of relief. This suit as noted above, failed on the point of lack of jurisdiction.

3. For what has been stated above this writ petition is accepted and a direction is issued in the nature of mandamus to the M. B. R. /Additional Settlement Commissioner/Notified Officer to allot some land to the petitioner, in lieu of his outstanding entitlement, out of land now forming part of Provincial Government pool at least to the extent of subsistence holding. No costs. Q.M.H./M.A.K./S-198/L???????????????????????????????????????????????????????????????????? Petition accepted.