West Pakistan Rehabilitation Scheme

Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 14-B [as added vide Displaced Persons (Land Settlement) (Amendment) Act (XXXVI of 1974)]

Allotment of land to occupancy tenant

Petitioners who were occupying land in dispute subject to payment of one-third share of produce to landlord were declared to be owners of two third share in the land and remaining one-third was continued to be occupied by them

Such position continued till enforcement of Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Remaining one-third of land having never been allotted to anyone, entire land was in occupation of petitioners as occupancy tenants at the time of enforcement of said Act

Land having stood vested in Government on enforcement of Evacuee Property and Displaced Persons (Repeal) Act, 1975 same had to be disposed of in accordance with provisions of said Act which had laid down that in the first instance it was the right of occupants of land to purchase same on payment of price at prescribed rate

Petitioners who were in possession of entire land were entitled to be offered said land for purchase

Petitioners having deposited price of said land at prescribed rate, Authorities were not justified to transfer land to predecessor of respondents dismissing suits of petitioners

Authority having failed to exercise jurisdiction vested in it, orders of Authority were set aside and suit filed by petitioners was decreed by High Court in exercise of revisional jurisdiction.

Land allotted to appellant was cancelled on Mukhbari application on 21-2-1967 wherein no direction was given that said land be allotted to the informer

When land was cancelled from the name of appellant concession extended to informer of bogus allotments to claim the same stood withdrawn

No allotment having been made to informer, his n Mukhbari application lapsed and became ineffective with regard to his entitlement to resumed land.

Leave to appeal granted to consider whether under the Rehabilitation Scheme an order of transfer of unsatisfied units from one estate to another, when both of them fall within the same Patwar Circle, is necessary.

S. 14 [as amended by Evacuee Property and Displaced Persons Laws (Amendment) Act (LV of 1973) and substituted by Displaced Persons (Land Settlement) (Amendment) Act (XXXVI of 1974)]

West Pakistan Rehabilitation Settlement Scheme, para. 71-A

Mukhbari information

Right of informants for allotment of land

Laws regulating right of informant for allotment of land on his Mukhbari information had been changing from time to time and informant was allowed concession of allotment of resumed land to the extent of his claim except the interregnum from 14-5-1964 to 25-2-1965

Concession for the allotment through memo. dated 25-2-1965 and S. 14 (1-A) of Evacuee Property and Displaced Persons Laws (Amendment) Act(LV of 1973)was prospective in nature while substituted S. 14(2)(1-A) of Displaced Persons (Land

reformers seeking cancellation and re-allotment to them-During pendency of re-verification proceedings, petitioners filing belated appeal against original order of allotment

Informers given preference over petitioners

Order maintained in appeal

Leave to appeal refused by Supreme Court.

Art. 185(3) read with Displaced Persons (Land Settlement) Act (XLVII of 1958) and West Pakistan Rehabilitation Settlement Scheme-Allotment of land to claimants from "agreed area" and "non-agreed area"-Leave to appeal-Granted to consider questions whether, 'for purposes of allotment of land, to a displaced person (a) a sitting allottee in a particular village is entitled to precedence over a claimant getting his claim transferred to such village and (b) a displaced person from an "agreed area" is entitled to precedence over one from "non agreed area".

Para. 23-West Pakistan Rehabilitation Settlement Scheme having., been issued by Rehabilitation Commissioner under S. 6(1) of Pakistan Rehabilitation Act, 1956 and adopted for purposes of Displaced Persons (Land Settlement) Act, 1958 by virtue of S. 2(2) of such Act, Scheme, held, possesses statutory force.-[Interpretation of statutes]. - Para. 23 read with Memo. No. 4704-58/2919-R (P), dated 12-8-1958-Validity of orders-Challenge in writ jurisdiction-Orders passed palpably against instructions contained in Memorandum in question-Void ab initio and, held, rightly directed by High Court to be ignored-Constitution of Pakistan (1973), Arts. 199 & 185(3).

Art. 185(3) read with Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 10 & 11 and West Pakistan Rehabilitation Settlement Scheme-Allotment of land-Leave to appeal-Granted to consider whether correct principle followed in calculating Produce Index Units.

West Pakistan Rehabilitation Settlement Scheme, para. 4-A (1) (ix)-Allotment of land to refugees from Jammu & Kashmir on guzara basis-Department allotting land to some other persons without cancelling previous allotment-Record showing that before passing order no notice was given to affected persons nor they were allowed any opportunity to be associated with proceedings not heard-Order passed without hearing affected persons clearly violative of principles of natural justice and will be of no effect on rights of such persons-Constitution of Pakistan (1973), Art. 199.

Part II, para. 26, Correction Slip No. 2-P-1 dated 15th August, 1957 and No. 4-P-1 dated 19th January, 1962-Classification of land Petitioners allotees filing application before Additional Settlement Commissioner (respondent No. 2) agitating questions about classification of soil and category of land allotted to them-If Correction slip dated 15th August, 1957 already withdrawn and deemed never to have existed by virtue of correction slip dated 19th January, 1962-Held, in circumstances, question of correction slip dated 19th January, 1962 not having retrospective effect does not arise at all-Held further, concurrent decision of Additional Settlement Commissioner and Settlement Commissioner concluding land allotted to petitioners to be `cultivable flow' land cannot be upset at late stage.

S. 14 and West Pakistan Rehabilitation Settlement Scheme Allotment of land-One party claiming possession of land from 1960 while opposite-party claiming same from 1947-Additional Settlement Commissioner not taking into consideration date of allotment, factum of possession, Dhal receipts, Khasra Girdawari report, water share list or any other relevant document-Finding on question of possession by Additional Settlement Commissioner, held, arbitrary.

Read with West Pakistan Rehabilitation Scheme, para. 40Temporary allottee of land-Does not enjoy status of "tenant"-Such allottee cannot invoke M. L. R. 115 for protection of his possession.

Para. 11-Both parties temporary allottees of evacuee agricultural land-Land available insufficient to meet claims of both parties - Rateable distribution of land between claimants-Only solution of problem-Jammu & Kashmir refugee claimants having verified claims in excess of area of temporary allotment-To be treated at par with other claimants and required to seek allotments elsewhere- Petitioners, held, could not, as a matter of right, claim preference over respondent in excess of their temporary allotment.

Provisions of para. 4(a), Rehabilitation Settlement Scheme No. 56-Not retrospective-Cannot operate retrospectively against allotments made earlier under Punjab Rehabilitation Scheme No. 52-Land allotted on temporary basis to Jammu and Kashmir refugees in lieu of maintenance-Not excluded from allotment under Punjab Rehabilitation Settlement Scheme No. 52-Allotment in lieu of maintenance to Jammu and Kashmir refugees-Not a "temporary allotment" in terms of para. I(viii) and hence does not enjoy benefit of para. 9(a) or 23 of Punjab Rehabilitation and Settlement Scheme No. 52.