Displaced Person

2020 MLD 900 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 3Displaced Persons (Land Settlement) Rules, 1959, R. 7-ADisplaced Persons (Land Settlement) Act (XLVII of 1958), S. 16Displaced personAllotment of evacuee property by the Settlement AuthoritiesPetitioner being allottee of evacuee property filed suit for possession which was decreed

District Collector thereafter cancelled the said allotment on the grounds that allottee had failed to present copy of Register RL-II and that no mutation had been attested

Validity

Title/allotment in favour of petitioner could be disputed before judicial forum where decree had been passed

Once matter had been finalized on judicial side then the same could not be reopened on administrative side

Disputed property was not assessed to land revenue and was exempted from the operation of provisions of Punjab Land Revenue Act, 1967

District Collector was not competent to take cognizance of the property falling in the urban limits or was constructed one

Title in evacuee property stood transferred and vested in its transferees on making a record of transfer by the competent authority on settlement side which itself would be complete regardless of the fact whether transferee had obtained copy of such order or not

Petitioner was in possession of the suit property and allotment order had been implemented in the revenue record

Settlement Department even after repeal of relevant laws was not competent to reopen the matter which was not pending at the time of repeal of Settlement laws

Attestation of mutation in favour of displaced person was not necessary rather the confirmation of his land could directly be given effect in the record of rights

Land on which a displaced person was permanently settled would vest in him

District Collector was not competent to interfere with or render any direction in the matter of allotment made in settlement of claims

Impugned order had been passed without lawful authority

Non-availing of alternate remedy would not debar High Court to annul such an order in constitutional jurisdiction

Impugned order was quashed, in circumstances

Constitutional petition was allowed accordingly.

1969 PLD 686 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 2 (3) & Sched., Part IDisplaced person

Determination of status-Government servant originally belonging to area forming Pakistan residing in area now forming part of India temporarily on account of exigency of service-Cannot be invested with status of displaced person simply fur reason that he had to abandon such place of service at time of Partition.

1965 PLD 590 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 2(3)-"Displaced person"-Person having temporary residence prior to Partition in territories now forming part of Bharat-Not invested with status of `displaced person.'

1963 PLD 726 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Displaced Person Displaced Person-Allottee-Party not in possession of allotment order but held by Additional Settlement Commissioner to be an allottee deemed to be an allottee in course of writ proceedings in High Court-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2 (6)-Notification No. F. I. (27)/59-SI, dated 13-10-1959-Writ-Question requiring proof on facts-Not gone into in writ proceedings-Constitution of Pakistan (1956), Art. 170Constitution of Pakistan (1962), Art. 98.