DOST MUHAMMAD AND Others vs Mst. BADAL JAN AND Other
This petition arises from a judgment of the Peshawar High Court concerning the disputed allotment of agricultural land in District Hazara. The land was originally allotted to heirs of a refugee from Jammu and Kashmir for maintenance. Subsequently, the Assistant Settlement Commissioner allotted portions of this same land to other claimants in satisfaction of their land claims. The original allottees challenged these allotments, arguing they were made without notice and violated the Rehabilitation and Settlement Scheme. The High Court set aside the allotments to the new claimants, ruling that the land previously allotted to Jammu and Kashmir refugees was excluded from the general pool for allotment to other displaced persons under the Rehabilitation and Settlement Scheme. Furthermore, the High Court found that the cancellation of the original allotment occurred without providing notice to the affected parties. The Supreme Court of Pakistan upheld the High Court's decision, finding the reasoning unassailable, and dismissed the petition. The judgment affirms that statutory protections for specific classes of refugees must be respected and that administrative actions affecting vested rights require proper notice.
- Does the Rehabilitation and Settlement Scheme exclude land allotted to refugees from Jammu and Kashmir from the general pool for allotment to other displaced persons?
- Is an allotment of land valid if made without providing notice to the previous allottees?
- Can administrative authorities re-allot land already reserved for the maintenance of specific refugee categories?
- Paragraph 4-A (IX), Rehabilitation and Settlement Scheme
- Pakistan Rehabilitation Act 1956
1. MUHAMMAD GUL, J.-This petition is from the judgment of the Peshawar High Court accepting Writ Petition No. 117 of 1968 by respondents 1 to 4 herein in the circumstances set out below.
2. The dispute concerns the allotment of certain agricultural land situate in village Satora, Tehsil Abbottabad. District Hazara. Originally an area measuring 74 Kanals 19 marlas was allotted to one Muhammad Khan, a refugee from the State of Jammu & Kashmir for maintenance only. Or his death a part of the allotment was cancelled and the area allowed to remain with his heirs was reduced to 32 Kanals 12 marlas bearing Khasra Nos. 1171, 1174, 1175, 1177, 1178, 1179 and 1180.
3. Subsequently however, the Assistant Settlement Commissioner by three orders made on 22-2- 1965, 12-1-965 and 18-5-1965 proposed and confirmed different areas later out of the above- mentioned Khasra Nos. To the respondents in lieu of their land claims notwithstanding the previous allotment in favour of the heirs of late Muhammad Khan for their maintenance.
4. Some of the heirs of Muhammad Khan filed two appeals to challenge the allotments of land in favour of the respondents without any notice to the previous allottees who were refugees from Jammu and Kashmir and to whom the land bad been allotted for their maintenance. The first of these appeals was dismissed on 5-5-1967 on the ground that it vas taken against what was then a mere proposal and which had not matured into confirmation of the land. The second appeal was dismissed as barred by limitation. Two revisions taken before the Settlement Commissioner (Lands) were similarly dismissed without bearing respondents.
5. Aggrieved by the order of the Settlement Commissioner (Land), the respondents filed a writ petition to call in question the orders of allotment of land on various dates in favour of the petitioners herein on the ground that these allotments violated paragraph 4-A (IX) of the Rehabilitation and Settlement Scheme framed under the Pakistan Rehabilitation Act, 1956 which provided that the land allotted to refugees, from the State of Jammu & Kashmir shall be excluded from the pool for the allotment of the land to other displaced persons in lieu of their verified claims for land. The above plea prevailed in the High Court and the allotments in favour of the petitioners were set aside. It was also found by High Court that no notice whatever was issued to respondents 1 to 6 herein before cancelling the previous allotment in their favour.
6. We have heard the petitioners' learned counsel in support of this petition and in our opinion the view taken by the High Court is unassailable.
7. The petition is accordingly dismissed,
Cited by 5 cases
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- SHER KHAN And Others vs MUHAMMAD ALI And Other 1995 MLD 547
- NIHAL DIN alias LAL KHAN and 2 others vs MUHAMMAD HUSSAIN and 3 others 1991 MLD 2167
- MANZOOR HUSSAIN AND 6 Othrss MUHAMMAD AZIM AND 15 Others vs ZULFIQAR ALI AND Other ALI MOHTISHAM KHAN AND 14 Other ZULFIQAR ALI AND 9 Other 1983 SCMR 137