MUHAMMAD YAQUB ALI vs BORDER AREA COMMITTEE — 1970 SCMR 629

Citation: 1970 SCMR 629

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

Case cited as 1970 SCMR 629

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Waheeduddin Ahmad, Mujibur Rahman Khan, Sajjad Ahmad Jan, JUDGMENT Reported As: 1970 SCMR 629 Result: Appeal allowed Judgment JUDGMENT MUHAMMAD YAQUB ALI, J.-The facts on which this appeal proceeds are similar to the facts in Mehr Din and others v. Border Area Committee (Civil Appeal No. 64 of 1969), decided on 13th March 1970. The appellants are sitting allottees of evacuee land in Chak No. 92/6-R, Tehsil Fort Abbas, District Bahawalnagar. The Border Area Committee by order dated the 30th December 1965, cancelled the allotment in the view that under the Addendum to Martial Law Regulation 9, Zone B, dated the 5th November 1960, the allotments of all claimant dis--placed persons in District Bahawalnagar were to be reduced to the area hold by them as temporary allottees. The appellants thereupon filed Writ Petition No. 155 of 1966 contending inter alia that the Border Area Committee had misconstrued the Addendum as its provisions were applicable to claimants who had registered their claims or got their claims transferred to the border belt before 17th March 1959, but had till then not succeeded in obtaining allotments against their verified claims. As the allotments in favour of the appellant were confirmed long before 5th November 1960, it was claimed that the Border Area Committee acted without lawful authority in reduc--ing their allotments to the land held by them temporarily. The writ petition was dismissed by a Division…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.