Chief Settlement Commissioner/Member Board Of Revenue, Punjab,
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal involving the rights of a Mukhbar for the allotment and adjustment of pending P.I. Units against cancelled land following the repeal of evacuee laws. The core legal question concerns whether a Mukhbar remains entitled to such allotment and adjustment in light of Section 3 of the Evacuee Property and Displaced Persons Laws (Repealed) Act, 1975, and established case law. The Court granted leave to appeal to examine this question, noting that short points of law affecting numerous cases are involved. Additionally, the Court allowed an application for impleadment, directing that a new applicant be added as respondent No. 15 to the appeal, and ordered the office to fix the main appeal for final hearing within six months.
- Whether after the repeal of the Evacuee Laws, a Mukhbar is entitled to the allotment and adjustment of his pending P.I. Units against cancelled land?
- Can an applicant be impleaded as a respondent in a pending appeal before the Supreme Court subject to all just exceptions?
- Section 3, Evacuee Property and Displaced Persons Laws (Repealed) Act 1975
ORDER
1. FAQIR MUHAMMAD KHOKHAR, J. - We have heard the learned counsel for the parties as well as for the applicant in C.M.A. No. 735-L/2007. We grant leave to appeal to consider, inter alia, the question as to whether, after the repeal of the Evacuee Laws, a Mukhbar was not entitled to the allotment and adjustment of his pending P.I. Units against the cancelled land in view of the provisions of Section 3 of the Evacuee Property and Displaced Persons Laws (Repealed) Act, 1975 and the judgments in the cases of Chief Settlement Commissioner v. Akhtar Munir (PLD 2003 SC 603) and Muhammad Ramzan v. Member (Revenue) (1997 SCM R 1635). Since short points of law effecting a large number of cases are involved, the office is directed to fix the main appeal for final hearing, on the present record, within a period of six months. However, the parties may file additional documents, if so advised.
2. C.M.A. No. 735-L of 2007 After hearing the learned Counsel for the applicant as well as for the parties this C.M.A. NO. 735- L/2007 is allowed, subject to all just exceptions. The .Applicant Muhammad Siddique, son of Muhammad Ismail, resident of 56-Surryia Jabeen Park, G.T. Road, Baghbanpura, Lahore, shall be impleaded as respondent No. 15 to the appeal.