Border Area Scheme

Border Area Committee after hearing respondents, and examining the entire record arrived at the conclusion that the allotment in respondents' favour was illegal and deserved to be cancelled, and that, allotment in favour of petitioners was valid and should be maintained

Border Area Committee's decision in favour of petitioners was set aside by High Court

Leave to appeal was granted to consider as to whether the allotment made in favour of respondents was in accordance with law.

Although on the points noted in the leave granting order and the arguments addressed at the Bar the appeal could have been decided on merits; but it was not possible to visualise as to what would be the result of hearing in the writ petition of appellant relating to the same subject-matter, which was still pending in the High Court

Supreme Court in the interest of justice deemed it fit and proper to remand the case to the High Court for hearing and disposal alongwith the petitioner's Constitutional petition so as to avoid conflict of judgments.

(From the judgment of Lahore High Court, Lahore, dated 3-2-1980 passed in Writ Petition No.711/R of 1972). (a) West Pakistan Border Area Regulation, 1959 [C.M.LA.'s No.9]

Para.10

Constitution of Pakistan (1973), Art.185(3)

Leave to appeal was granted to examine whether High Court had correctly by its judgment denied relief in the matter of restoration of allotment to claimant on mere suspicion that her verified claim was not genuine when on merits it was held that the Border Area Committee which had cancelled allotment from claimant's name had no jurisdiction over the land.