Settled that after promulgation of the Repeal Act 1975, the property can only be disposed of through open auction,

A similar view has been laid down by the Hon’ble Supreme Court Pakistan in the case of Muhammad Din & Others Vs. Ghulam Muhammad Naseem Sindhu & Others (PLD 1991 SC 1). Further in C.P. No.709- L/2009 titled Member (Judicial-V), Board of Revenue/Chief Settlement Commissioner, Punjab & 2 Others Vs. Sagheer Muhammad Khan & Others, the Hon’ble Supreme Court of Pakistan vide order dated 02.01.2015 settled that after promulgation of the Repeal Act 1975, the property can only be disposed of through open auction, the relevant portion thereof is reproduced as under:- 

“7. Considering the above, we are clear firstly that the conclusion arrived at by the learned Single Bench in para 9 of the impugned judgment, as reproduced above is incorrect and the reliance on the case of Muhammad Hussain (supra) is also misplaced. Secondly, it is evident that as of date, the respondents can have no claim on the property in question. According to the current law and arrangements put in place by the Province subsequent to the Repeal Act the property will have to be disposed of through open public  auction so that the assets vested in the Province and ultimately in the people of the Province are duly protected. This shall not prevent the Province from proceeding against the respondents or others both for recovery of compensation for occupation and use of the property and for any other action civil or criminal in this case. This petition is converted into appeal and is allowed in the above terms.” (emphasis supplied)

Part of Judgment

IN THE LAHORE HIGH COURT, MULTAN BENCH MULTAN 

Writ Petition-Settlement-Land Settlement Act
7-R-14

2020 LHC 246