| Case ID |
f6c2ed56-a8ef-4274-a071-fae1910631c3 |
| Body |
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| Case Number |
Civil Petition No. 311 of 1976 |
| Decision Date |
Jan 30, 1983 |
| Hearing Date |
|
| Decision |
The petitioner, a displaced person, was allotted agricultural land measuring 5 kanals 2 marlas in accordance with his entitlement. The petitioner had previously held an area equivalent to 72 P.I. Units, but due to the cancellation of 37 P.I. Units, he was left with a smaller allotment. The petitioner argued that he was entitled to purchase the excess area under existing instructions. However, the Settlement and Rehabilitation Commissioner determined that the excess land had already been allotted to another claimant and that disturbing this allotment would not be advisable at this stage. The High Court upheld this decision as just, fair, and equitable, leading to the dismissal of the petition. This case emphasizes the importance of fair land allocation and the legal complexities surrounding land entitlements for displaced persons. |
| Summary |
The Supreme Court of Pakistan ruled on a case involving the allotment of land to a displaced person, DIN MUHAMMAD, who contested the decision of the Settlement and Rehabilitation Commissioner regarding his land entitlement. The petitioner was initially allotted a total of 5 kanals 2 marlas of agricultural land but sought to claim additional land that had been previously allocated to another individual. The court upheld the decision of the lower authority, emphasizing principles of justice and fairness in land allocation. This case highlights the legal frameworks governing land rights and the challenges faced by displaced persons in securing their entitlements under the Displaced Persons (Land Settlement) Act and the Constitution of Pakistan. Keywords: land entitlement, displaced persons, land settlement, Supreme Court of Pakistan, legal rights, agricultural land, fair allocation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
M. S. H. QURAISHI
|
| Lawyers |
Malik Shaukat Ali, Advocate Supreme Court,
Ejaz Ahmad Khan, Advocate on-Record
|
| Petitioners |
DIN MUHAMMAD
|
| Respondents |
OTHERS,
SETTLEMENT COMMISSIONER (I), SARGODHA DIVISION, SARGODHA
|
| Citations |
1983 SLD 338,
1983 SCMR 480
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Displaced Persons (Land Settlement) Act (XLVII of 1958),
Rehabilitation Settlement Scheme No. II
|
| Sections |
Art. 185(3),
S. 10
|