SHER MUHAMMAD vs PROVINCE OF PUNJAB and others
This matter concerns a petition for leave to appeal regarding the status and allotment of land previously classified as evacuee property. The core legal questions presented for the Court's consideration involve the determination of whether the disputed land was effectively transferred under Settlement and Rehabilitation Laws to the Forest Department, thereby removing it from the compensation pool and rendering it unavailable for allotment under the Displaced Persons (Land Settlement) Act, 1958. Furthermore, the Court is tasked with determining whether a civil suit challenging the cancellation of a land allotment by the Settlement Authority is barred by limitation, particularly in circumstances where the petitioner, who had acquired the land prior to the initiation of cancellation proceedings, was not impleaded as a party to those proceedings. The Supreme Court granted leave to appeal to resolve these issues, focusing on the interplay between the statutory authority of the Settlement Department and the rights of subsequent purchasers of evacuee land, as well as the procedural implications of failing to join necessary parties in administrative cancellation proceedings.
- Whether land transferred to the Forest Department under Settlement and Rehabilitation Laws is excluded from the compensation pool for allotment under the Displaced Persons (Land Settlement) Act, 1958?
- Can a suit challenging the cancellation of a land allotment be held barred by time if the petitioner was not made a party to the cancellation proceedings despite having purchased the land prior to the initiation of those proceedings?
- Section 10, Displaced Persons (Land Settlement) Act, 1958
- Section 11, Displaced Persons (Land Settlement) Act, 1958
ORDER
' MUNIR A. SHEIKH, J---The facts of the case have been given in detail in the order dated 19-10-1998 passed by one of us (Munir A. Sheikh, J.) in Chamber while dealing with, stay application which may be read as part of this order.
2. Leave to appeal is granted to consider, inter alia:
(a) Whether the land in dispute which is admittedly an evacuee property had been transferred under the Settlement and Rehabilitation Laws to Forest Department so as to exclude the same from compensation pool, as such, was not available for allotment under the Displaced Persons (Land Settlement) Act, 1958 to the petitioner?
(b) Whether the suit filed by the petitioner to challenge the order of the Settlement Authority made under sections 10 and 11 of the Displaced Persons (Land. Settlement) Act, 1958 for cancellation of allotment of land to the predecessor-in-Interest of the petitioner i,e, the original allottee/vendor in which the petitioner was not made a party though at the time of initiation of the said proceedings, the land had already been sold to the petitioner, could be held to be barred by time.