Value of such construction shall be determined by the Deputy Administrator and paid to such a person out of the auction proceeds by such authority

Reliance is placed on the case titled as Muhammad Ramzan & Others Vs. Member (Revenue) Chief Settlement Commissioner & Others (1997 SCMR 1635) wherein the Hon’ble Supreme Court of Pakistan held as under:- 

“18. The Government of the Punjab Province then prepared and prescribed Scheme for the management and disposal of available urban properties (See PLD 1977 Punjab Statute page 62). Certain provisions of the Scheme were amended in 1985 (See PLD 1985 Punjab Statute page 6). The terms "available properties" and "building sites" were defined in paragraphs 1 (c) and 1(d) of the Scheme, 1977. Paragraph 6 provided that an available building site on which a person in possession has raised a permanent construction and applied for its transfer may be transferred to him alongwith an area which does not exceed three times the constructed area on the transfer price and where any person having made a permanent construction on a building site did not apply for transfer, it should be disposed of through unrestricted public auction alongwith the construction. The value of such construction shall be determined by the Deputy Administrator and paid to such a person out of the auction proceeds by such authority as may be specified. Paragraph 11 of the Scheme also provides for auction of the building site.” (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