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Citation: 1971 SCMR 649
Court: Supreme Court of Pakistan
Year: 1970
Decision Date: 1970-12-31
Case cited as 1971 SCMR 649
Court Name: Supreme Court of Pakistan Judge(s):Waheeduddin Ahmad, Mujibur Rahman Khan, Sajjad Ahmad Jan, JUDGMENT Reported As: 1971 SCMR 649 Result: Appeal accepted Judgment JUDGMENT MUHAMMAD YAQUB ALI, J.-The appellants and one Shakoor were allotted land measuring 121 kanals and 18 marlas on 12-2-1957 in village Waran, Tehsil Qasur, District Lahore, within the border belt. On 17th December 1966, the Border Allotment Committee cancelled the allotment on the finding : (i) that Shakoor had left the village and thereby contravened the condition of allotment in his favour ; and (ii) that the appellants had failed to deposit the price of the land in the Treasury by the prescribed date. As no further appeal or revision lay from the order of the Border Allotment Committee, the appellants filed Writ Petition No. 64 of 1967 in the High Court contending inter alia that the order was passed without notice and without hearing them in viola--tion of Para. TO of Schedule III to Martial Law Regulation 9-13 and that the allotment having been confirmed on 11-5-1960 by the Border Allotment Committee which was the Martial Law authority, the present Border Allotment Committee could not interfere with the order of confirmation. It was further claimed that Shakoor had not left the village and that the appellants had made no default in payment of the price of the land by the prescribed date. Lastly it was urged that the Border Allotment Committee could not cancel the confirmed allotment of the…
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