As a result of this readjustment which had to be carried out according to certain rules and instructions, the allotment of these five petitioners as also of some others was proposed for cancellation by the order of the Deputy Custodian, Amritsar, dated July 31, 1951.
This allotment had to be disturbed under the following circumstances.
About five million persons are said to have moved from each side to the other.
Both these questions require a review of the Evacuee Property Law in so far as it relates to the allotment of agricultural lands of the evacuees to displaced land holders and an appreciation of the background of the circumstances that necessitated it.
The proposal and the order of cancellation are said to have been passed without numberice to the petitioners.
On their displacement, they were in the first instance temporarily allotted agricultural land in Sultanwind.
This proposal was approved by the Custodian Financial Commissioner, Relief and Rehabilitation on February 6, 1952, and the allotment was cancelled.
They were also companysharers in a joint khata owned by some evacuees in village Sultanwind, a suburb of Amritsar in East Punjab.
Having regard to their original position in the village, they were allotted in the year 1949 a total area of 38 standard acres and 13 units of agricultural land therein.
All these five are displaced persons who owned land in the number suburban village of Chak.
These mass migrations were on a stupendous scale.
The petitioners have companye up to this Court by this application under Art.
159 RB, Tahsil Jaranwala, District Lyallpur in Pakistan.
Being aggrieved thereby they moved the Custodian General of Evacuee Property for revision thereof under s. 27 of the Administration of Evancuee Property Act, 1950 XXXI of 1950 .
The Director General of Relief and Rehabilitation Additional Custodian directed by an order dated January 7, 1950, that out of the 1,263 standard acres and 1 3/4 units of suburban land of Amritsar, 142 standard acres and 5 units were to be allotted to allottees of Provincial Gardens.
The Declaration of Independence and the partition of India into Pakistan and India on August 15, 1947, was accompanied by mass migrations of Non Muslims from West Punjab to East Punjab and of Muslims from East Punjab to West Punjab.
32 of the Constitution by the petitioners, Amar Singh and four others, in the following circumstances.
This was dealt with by the Deputy Custodian General who dismissed the same by a fairly elaborate order dated May 1, 1954, after hearing the parties.
Jagannadhadas, J. This is an application under Art.
