Allotment

  1. The settled legal position is that if a land has already been allotted it could not be allotted to another person without setting aside or recalling the earlier allotment order. Muhammad Azad Khan v. Custodian and 21 others 2000 SCR 297 (A)
  2. Chairman P.D.A. was not competent under rules to make the allotment orders — The respondent was not justified in law to challenge the allotment order of the said plot on the basis of void order of allotment. Muhammad Resham Khan & 5 others v. M. Iqbal Khan 2003 SCR 74 (B)
  3. Cancellation of — Proper course for Rehabilitation authorities was to summon the contesting parties to record their statements for cancellation of land in excess of their entitlement — The Rehabilitation authorities without following due course cancelled the allotment of the contesting respondent just to extend undue benefit to Muhammad Yusuf, the predecessor-in-interest of appellants. M.  Yousaf Khan v. Custodian of Evacuee Property and others 2003 SCR 277 (A)
  4. Open space-regularisation of — After the open space was marked was not within the competence of the Chairman Municipal Committee to treat it as open space and regularise the possession — Moreover plot was already allotted to contesting respondent — Appeal challenging allotment was subjudice before MDA — In presence of previous allotment fresh allotment was not justified — The allotment was exclusively within the competence of the Allotment Committee — Regularisation order made by the Chairman Municipal Committee was without jurisdictional competence — On account of these reasons the transfer of plot is void and ineffective and inoperative in law. Liaqat Ali v. Abdul Khaliq & 6 others 2004 SCR 266 (A) 
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