Pakistan on or before 25.3.71 and settled themselves on lands owned by this Department in various approved colonies
2. Guidelines for implementation of the scheme for such conferment of right and title were issued from time to time and the related provisions have more or less been accommodated in this Department order No. 1240-Rehab. Dated 20.4.1987.
3.Now , in implementing the scheme, it is experienced that para 2(X) of the said Govt. order, which reads as given below, poses some serious problems and neither the related disputes can be settled nor title-deeds can be issued to eligble families :-
“Owing to divergent issues and complications arising with the passage of time. various types of disputes now exits, specially in squatters' colonies, it is difficult to evolve a firm policy that can cover all disputes in all details. The implementing authorities should not engage themselves suo moto in settlement of disputes. The disputing parties should rat er es-Zrtcriinc o-n7-1n on accord among themselves.Unless the disputes in regard to rival claims as to right and title, sharing of land and the manner in which the plot is to be divided sub-divided etc. are settled amicably by the parties themselves, conferment of right and title to such disputing parties should not be undertaken".
4. In a large number of cases, the original allottee/regularised.Squatters' have expired. The legal heirs in effective possession are required, in pursuance of Govt. Order No. 1240-Rehab. dated 20.4.87, to arrive at a common accord before the concerned plot can be sub-divided and title-deeds issued in appropriate cases to the eligible heirs. Accordingly, if one or_more... of the legal tioirs do not give consent, deeds cannot be issued over that portion of the _plot which is in effective posserion of the other willing eligible .heIrls).
5. To overcome this difficult situation, the Govt. in the R. R. & R. Deptt. havedecided to amend the Para 2 (X) of the G.O.No.1240-Rehab. dt. 20.4.87 and to incorporatea sub-paragraph 2 (XI) in the following manners :-
2 (X} "Owing to divergent issues and complications arising with the passage of time, various types of disputes now exist, specially in the squatters' colonies. It is difficult to evolve a firm policy that can cover all disputes in all details. The implementing authority should not engage themselves suo moto in settlement of disputes".
2 (XI) "Not withstanding anything contained above the person/persons in effective possession of the plot should be served with notice to sign the deed and to swear an affidavit within a specified date and if they refuse to sign the deed and for that matter refuse to swear an affidavit without informing the authority of any valid reason, the title deed may be executed in favour of other occupants of the family found otherwise eligible in respect of that portion of land which is in their respective exclusive possession after due service of notices upon the recalcitrant occupier of the portion of the said plot".
6. Other Provisions of the G. O. No. 1240-Rehab. Dated 20.4.87 shall, however, remain unaltered and in force.
7.This modification takes immediate effect.
2. Guidelines for implementation of the scheme for such conferment of right and title were issued from time to time and the related provisions have more or less been accommodated in this Department order No. 1240-Rehab. Dated 20.4.1987.
3.Now , in implementing the scheme, it is experienced that para 2(X) of the said Govt. order, which reads as given below, poses some serious problems and neither the related disputes can be settled nor title-deeds can be issued to eligble families :-
“Owing to divergent issues and complications arising with the passage of time. various types of disputes now exits, specially in squatters' colonies, it is difficult to evolve a firm policy that can cover all disputes in all details. The implementing authorities should not engage themselves suo moto in settlement of disputes. The disputing parties should rat er es-Zrtcriinc o-n7-1n on accord among themselves.Unless the disputes in regard to rival claims as to right and title, sharing of land and the manner in which the plot is to be divided sub-divided etc. are settled amicably by the parties themselves, conferment of right and title to such disputing parties should not be undertaken".
4. In a large number of cases, the original allottee/regularised.Squatters' have expired. The legal heirs in effective possession are required, in pursuance of Govt. Order No. 1240-Rehab. dated 20.4.87, to arrive at a common accord before the concerned plot can be sub-divided and title-deeds issued in appropriate cases to the eligible heirs. Accordingly, if one or_more... of the legal tioirs do not give consent, deeds cannot be issued over that portion of the _plot which is in effective posserion of the other willing eligible .heIrls).
5. To overcome this difficult situation, the Govt. in the R. R. & R. Deptt. havedecided to amend the Para 2 (X) of the G.O.No.1240-Rehab. dt. 20.4.87 and to incorporatea sub-paragraph 2 (XI) in the following manners :-
2 (X} "Owing to divergent issues and complications arising with the passage of time, various types of disputes now exist, specially in the squatters' colonies. It is difficult to evolve a firm policy that can cover all disputes in all details. The implementing authority should not engage themselves suo moto in settlement of disputes".
2 (XI) "Not withstanding anything contained above the person/persons in effective possession of the plot should be served with notice to sign the deed and to swear an affidavit within a specified date and if they refuse to sign the deed and for that matter refuse to swear an affidavit without informing the authority of any valid reason, the title deed may be executed in favour of other occupants of the family found otherwise eligible in respect of that portion of land which is in their respective exclusive possession after due service of notices upon the recalcitrant occupier of the portion of the said plot".
6. Other Provisions of the G. O. No. 1240-Rehab. Dated 20.4.87 shall, however, remain unaltered and in force.
7.This modification takes immediate effect.
Deputy Secretory
