2015 PLP 1426 (CLC)

WAHEED AKHTAR ANSARI, MEMBER (JUDICIAL-III).

Learned counsel for the petitioners contended that the petitioners are satisfied from order dated 25-3-2014 passed by learned Chief Settlement Commissioner, Punjab and requested that allotment in pursuance of such order may please be ordered to be made.

2. The perusal of record shows that the proceedings of this case have been initiated as a consequence of order dated 2-10-1990 passed by the august Supreme Court of Pakistan in Civil Petitions Nos.807 and 808 of 1990. The operative part of the order reads as under:

"This is hard hit case as the petitioners shall be uprooted after such a long time but unfortunately law does not help them. In view of the lamentable situation with which the petitioners are faced, the learned Advocate-General has made a statement at Bar that the Provincial Government would endeavour to settle them on some other land. The well being of the people is an obligation of the Government and we have no doubt that the Government authorities would make every effort to accommodate over some other piece of land, those of the petitioners whose entitlement before the Settlement Authority was established".

3. Accordingly, learned Chief Settlement Commissioner, Punjab. passed order on 25-3-2014. The operative part of the order reads as under:

"18. displaced Persons have been accommodated vide order of ADC, Faisalabad dated 3-5-1995, remaining 12 Displaced Persons are still Displaced. The hardship of remaining 12-persons is quite obvious since 1974. The matter is shuttling between colonies Department and Settlement and Rehabilitation Wing. In the light of judgment of august Supreme Court of Pakistan dated 2-10-1990, the Displaced Persons are entitled for accommodation (less than 5 marlas). The Government is otherwise duty bound to provide shelter to the Shelterless. Houses for all are basic and fundamental right world wide. Direction is issued to the District Collector, Faisalabad for allocation of suitable land to accommodate the remaining 12-displaced persons on the available provincial government land, may be ex-evacuee. This is also covered under the Katchi Abadi Scheme and Act. The proposal should be submitted by the district Collector, Faisalabad before the next date of hearing. The case is adjourned for 15-5-2014."

4. Learned Chief Settlement Commissioner, Punjab, passed another order on 25-6-2014, which reads as under:

"The matter was decided/adjudicated by the august Supreme Court of Pakistan on 2-10-1990. In the said order, Advocate General stated before the Supreme Court of Pakistan that the displaced persons will be accommodated by the government. 18-displaced persons have been accommodated by the Additional District Collector, Faisalabad vide order dated 3-5-1995. Remaining 12-displaced persons are still displaced. The predecessor of this court, vide order dated 25-3-2014 issued direction to the District Collector, Faisalabad for location of suitable land to accommodate the remaining 12-displaced persons. The proposal/report from Additional District Collector, Faisalabad is still awaited. He is again directed to submit report within one month to finalize the issue. Secretary (S&R) is directed to submit his opinion for disposal. Case to come up on 25-6-2014."

5. During arguments, learned counsel for the petitioners was required to produce allotment order, evidence of taking over possession of such land and order of the Government dislocating the petitioners, who responded that he is not in possession of any such documentary evidence. He only wants the implementation of order of Learned Chief Settlement Commissioner, Punjab, dated 25-3-2014.

6. The perusal of above referred order showed that allotment has been ordered to be made under Katchi Abadi Scheme. For allotment under such scheme, the Government of Punjab, vide memorandum No.1713-81-III/2310-CS, dated 17-5-1981 and No.SOH-IG-1-67/81, dated 19-10-1981 respectively, has constituted committees at district level. The matter has already been referred to District Collector, Faisalabad, who may take further necessary action as required under the law and in the light of assertions made by Learned Additional Advocate-General Punjab before august Supreme Court of Pakistan.

7. Disposed of accordingly. HBT/14/Rev. Order accordingly.