MUHAMMAD SIDDIQUE And Others vs THE CHIEF SETTLEMENT COMMISSIONER
The petitioners, allottees of resumed land, sought leave to appeal against the judgment of the Lahore High Court dated 29-10-1985, which declared the resumption of excess allotted land held by the respondents to be without lawful authority. The core legal question concerned whether respondents could retain excess land allotted to them beyond their entitlement and whether the authorities were justified in resuming it for pending claims under the relevant settlement laws. The Supreme Court held that the contentions raised regarding the inhibition of the Chief Settlement Commissioner's powers under the Displaced Persons (Land Settlement) Act and the liability of allottees to surrender excess land under Settlement Scheme No. 1 required formal examination. Consequently, the Court granted leave to appeal, directed that petitioners in possession not be disturbed subject to conditions, and ordered security. The key principle laid down is that excess land obtained beyond entitlement is generally subject to surrender for settling pending claims unless protected by specific statutory provisions or instructions.
- Whether an allottee can retain land obtained in excess of their entitlement under the Displaced Persons (Land Settlement) Act 1958?
- Does the Chief Settlement Commissioner have the power to resume excess allotted land for the satisfaction of pending claims?
- Are allottees liable to surrender excess land under Settlement Scheme No. 1 if they do not fall within protective clauses?
- Section 10, Displaced Persons (Land Settlement) Act 1958
- Section 11, Displaced Persons (Land Settlement) Act 1958
- Section 12, Displaced Persons (Land Settlement) Act 1958
ORDER
SHAFIUR RAHMAN, J.--The petitioners, allottees of resumed area, seek leave to appeal against the judgment of the Lahore High Court, dated 29-10-1985, whereby the resumption of the excess allotted area has been held without lawful authority and of no legal effect.
2. The respondents allottees had obtained 50 Kanals 17 Marlas or, land in excess of their entitlement confirmed in their name. Oil proceedings initiated by the petitioners under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958, the area allotted to, them in excess of their entitlement was ordered to be resumed and try be allotted to the petitioners who had their pending claims awaiting settlement. On a Constitutional petition filed by the respondents allottee the learned Judge in the High Court held that the excess allotment way: due to no fault of the claimants, that there was tin application pending for purchase of excess land and that the petitioners were not advancing their own bona fide claim for settlement of land due to them. The refusal to allow the excess land either by purchase or otherwise was declared to be without lawful authority and of no legal effect.
3. It is contended that section 12 of the Displaced Persons (Land Settlement) Act inhibits authority of the Chief Settlement Commissioner) inasmuch as his power to transfer or dispose of is subject to the provisions of the act and the Rules. Para. 4 of the Settlement Scheme No. 1 places a liability on allottees to surrender whatever they have, obtained in excess of their entitlement. The extent to which the allottees having excess allotment can be allowed to purchase is all indicated at page 301 of Latif's commentary on the Displaced Persons (Land Settlement) Act (1973 Edition). All the instructions on the subject have been summarised from pages 309 to 312 (ibid). Tree case of the respondents writ-petitioners did not fall in any of the protective clauses enumerated therein and they were liable to surrender and make available the land in excess of their entitlement in their possession for settling the pending claims.
4. The question raised requires examination. Leave to appeal is granted. Security in the sum of Rs.2,500. The petitioners, if in possession, not to be disturbed subject to observance of other conditions of the allotment.