Abstract
After Partition of British-India in 1947, properties which were left by Hindus in Pakistan are called as evacuee properties and the migrants who came from India are called as displaced persons, these migrants also abandoned their properties in India due to which, they allowed to claim allotment of land against their verified claims in Pakistan for their own rehabilitation under Displaced Persons (Compensation and Rehabilitation) Act, 1958. Offices of Settlement Commissioners were also established under the Act, 1958 ibid. Numerous complaints regarding bogus claims and fake allotments received to the Chief Settlement Commissioner, who in order to curb fraudulent allotments, issued a notification dated 16.05.1973 and Imposed complete ban on the allotment of such Evacuee lands. Notification ibid, was upheld by the Hon'ble Supreme Court judgment reported as 1997 SCMR 16351. In addition to this, all the Evacuee Laws stood repealed through the Evacuee Property and Displaced Persons Laws ( Repeal ) Act, 19752 w.e.f 1st July 1974. Contrary to this, enforceability of the Repealing Act, 1975 ibid, has been remained in doubt since its enactment. The aim of this article is to determine that to which extent Repealing Act, 1975 ibid, is not being implemented by the judicial and executives authorities. The first part of this article describes critical analysis of the legal implementation of Repealing Act, 1975 ibid. The second part of this article briefly outlines Consequences of the non implementation of the Repeal laws Act 1975. Third Part of this article explores the scope of Article number 189 and 190 of the constitution of Islamic Republic of Pakistan 19733. Fourth Part of this article discusses judicial Role of the Executive and Judicial Authorities in the implementation of the Repealing Laws Act 1975 ibid. Part five of this article Concludes that whether Executive and Judicial Authorities are working in aid to the Supreme Court as far as Implementation of the Repealing Laws Act, 1975 ibid, is Concerned.
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