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1999 YLR 2427

M. AKHTAR ALI KHAN vs MEMBER BOARD OF REVENUE/CHIEF SETTLEMENT

Citation1999 YLR 2427
CourtLahore High Court
Case No.Writ Petition No,133/R of 1999
Date1999-06-29
Judge(s)M. Javed Buttar
ResultPetition dismissed

ORDER

' The facts, in brief, as alleged by the learned counsel, are that the petitioner's Mukhbri' application was accepted and the bogus allotment, allotted in village Sheupura Kalan, District Lahore to one Muhammad Daud Khan was resumed, the transactions made by the said allottees in favour of the vendees were also declared void through order, dated 13-3-1978 passed by Additional Settlement Commissioner, Lahore and the resumed land was directed to be allotted against a pending claim to the Mukhbars/ informers.

2. In the background mentioned above, it is argued that the resumed land was not allotted to the petitioner and some influential persons got it Atoned and then further sold it onward and according to the information of the petitioner, the same has now been built upon and is not available evacuee land for the purposes of allotment to the petitioner against his pending claim, and, therefore, the petitioner thereafter tried to have some alternate allotment and requested respondent No,1 that as the resumed land has not been given to the petitioner, therefore, the petitioner and other informers were entitled to the allotment of alternate land under section 14(1-A) of the Displaced Persons Land Settlement Act, 1958 but the petitioner was put off with the plea that there was no available evacuee land. It is further submitted that the petitioner with great difficulties has been able to trace out some available unallotted evacuee property in Chak No,339-KDA in Tehsil Layyah and in Chak No,373-KDA Tehsil Chobara, District Layyah but the respondent has refused to allot the same to the petitioner. It is, thus, argued that as the petitioner/informer's claim has remained unsatisfied, therefore, he is entitled to the allotment of alternate land under section 14(1-A) of the Displaced Persons (Land Settlement) Act, 1958.

3. The informers have, no doubt, the right to the allotment of the land discovered and resumed because of the information given by them, for the satisfaction of their unsatisfied claim but after the repeal of the Settlement Laws, the right is confined only to the land so resumed because of the information given by the informer and the right to be allotted alternate piece of land as envisaged in section 14(1-A) of the Displaced Persons (Land Settlement) Act, 1958 is no more available because the said Act was repealed by the Evacuee Property and Displaced Persons Laws (Repeal)

Act No,XIV of 1975 w,e,f, 1-7-1974 and thereafter, the available evacuee property is governed by the provisions of above mentioned repealing Act, according to which the available evacuee property is to be distributed in accordance with the final orders made by the concerned Authorities including the Notified Officers, on the pending cases which were pending immediately before the repeal of the Settlement Laws or it is to be disposed of through a scheme, by the public auction, subject to the rights of the occupants to purchase the same at the prescribed rates as mentioned in section 3 of the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975. The present law does not envisage the allotment of alternate land to an informer merely because the informer has failed to secure the allotment of the land resumed due to the information given by him.

4. In view of the above mentioned, I see no merit in this petition which is accordingly dismissed in limine.

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