MUHAMMAD SHER and others Versus MEMBER, BOARD OF REVENUE and others

This matter concerns a petition for leave to appeal before the Supreme Court of Pakistan, arising from a dispute over the allotment of land to a respondent under a rehabilitation scheme for Mangla Dam oustees. The core legal question presented for the Court's consideration is whether the disputed land fell within a 'Prohibited Zone' during the year 1981, thereby rendering it ineligible for inclusion in the schedule for allotment under the specific rehabilitation scheme established for the displaced persons of the Mangla Dam project. The Court, upon reviewing the petition, granted leave to appeal to examine this specific issue regarding the legal status of the land at the material time and the validity of the allotment process. The holding establishes that the classification of the land as being within or outside the Prohibited Zone is a critical factual and legal determination necessary to resolve the legitimacy of the allotment. The principle laid down emphasizes that land designated as a Prohibited Zone cannot be lawfully allotted under rehabilitation schemes, necessitating judicial scrutiny of the administrative records from the relevant period.