1. NASIM HASAN SHAH, J.---The relevant facts are that an area measuring 207 kanals 13 marlas out of the land in dispute was allotted to one Badar-ul-Hassan on 19-12-1972 and another area measuring 104 kanals 12 marlas was allotted to one Qureshi Abdur Rehman on 29-12-1972. A mukhbari application was filed by Ahmad Khan (respondent No.7), Muhammad Abdul Latif, father of Mst. Noor Jehan (respondent No.5) and Abdus Salam (respondent No.6) alleging that the allotments were obtained illegally and fraudulently. This mukhbari application was accepted by the Additional Settlement Commissioner (Land) with powers of the Chief Settlement Commissioner
(Land) (Ch. Faiz Muhammad) vide order dated 25-3-1974. The area which stood allotted to Badar- ul-Hassan and Qureshi Abdur Rehman was cancelled and it was directed that the same should be allotted to the informants. Accordingly, the land was transferred in their favour on 10-4-1974. The petitioners herein are their transferees.
2. The order dated 25-3-1974 passed in favour of the predecessor-in-interest of the petitioners was challenged through Writ Petition No.402-R of 1976 by the Punjab University Academic Staff Association and the University of the Punjab whereby the informants were allotted the land becoming available by the setting aside of the allotments to Badar-ul-Hassan and Qureshi Mahmud Ahmad on 10-4-1974 as the land had in the meanwhile been sold to the University authorities on 29-3-1974 under section 10(2) of the Displaced Persons (Land Settlement) Act, 1958. It was alleged that the Additional Settlement Commissioner (respondent No.2) was incompetent in law to make the allotment to the informants as the land in question had been declared as a building site by the Notification dated 16th May, 1973. This writ petition was allowed by the impugned judgment of the High Court dated 6-4-1988. Hence this petition for leave.
3. Mr. Shahzad Jehangir has been heard on behalf of the petitioners, who has submitted that the decision of the High Court is wrong. But we are of the opinion that the High Court was right in holding that in the face of the Notification dated 16-5-1973 declaring the urban lands within the Municipal Limits etc. As "building sites" no allotment of such lands on the basis of the claimant's units, whether urban or rural, could be made.
4. Hence this petition cannot succeed.
5. Dismissed.