Malik ALLAH DITTA vs MEMBER BOARD OF REVENUE/(JUDICIAL-V)/ CHIEF SETTLEMENT COMMISSIONER/NOTIFIED OFFICER, PUN

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Malik ALLAH DITTA VS MEMBER BOARD OF REVENUE/(JUDICIAL-V)/ CHIEF SETTLEMENT COMMISSIONER/NOTIFIED OFFICER, PUNJAB, LAHORE S.3---Transfer of State land--- Private treaty--- Transfer of land in question was settled between private parties through a settlement and on the basis of such private treaty, Settlement Authorities demanded price of land at prevalent market value---Appellants were aggrieved of price demanded by authorities---Validity---Land in question was a public property and Courts of law were custodian of public properties and public interest---While dealing with matters related to such properties and interests, it was duty of Courts to be very careful and cautious and assure itself to the extent of certainty that no foul / mischief was played with State assets---Extraordinary obligation was placed upon Constitutional Courts to keep abreast itself with law and facts of the case and when certain material facts unearthed before it then the matter should be decided as per law even without influenced by respective pleadings of parties---Appellants did not fulfil criteria prescribed in Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, as well as the Scheme for grant of offer to them for sale of land in question---Findings of Chief Settlement Commissioner recorded and findings contained in judgment passed by Single Judge of High Court, whereby appellants / illegal occupants were allowed to purchase land in question at market price was against the law and was set aside---Division Bench of High Court directed Chief Settlement Commissioner to retrieve possession of land in question from appellants/illegal occupants, impose penal rent / TAWAN upon them since the date of their illegal possession till retrieval of the same---Division Bench of High Court further directed the authorities to dispose of land in question through unrestricted open public auction---Intra Court Appeal was dismissed accordingly.

Malik ALLAH DITTA vs MEMBER BOARD OF REVENUE/(JUDICIAL-V)/ CHIEF SETTLEMENT COMMISSIONER/NOTIFIED OFFICER, PUNJAB, LAHORE S — 2022 CLC 414 LAHORE-HIGH-COURT-LAHORE

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