“Every family deserves a roof and a legal right to it.”
When Pakistan came into existence in 1947, it inherited not just a new identity but also a massive wave of migration. While millions entered Pakistan, an equal number of non-Muslims mostly Hindus and Sikhs left behind vast amounts of land and property.
These became known as Evacuee Properties.But what happened to these lands over the decades?This is where the Katchi Abadi story begins.—What is a Katchi Abadi?In simple terms, a Katchi Abadi is an informal or unauthorized settlement. These are areas where people mostly poor families—built homes without formal land ownership.However, not all Katchi Abadis are illegal squatters.Many of them were built on Evacuee Land land left behind by those who migrated to India during Partition. Over time, these lands remained unclaimed or were temporarily allotted, and poor migrants or locals started living on them due to lack of affordable housing.
By the 1970s, thousands of families were living in these informal settlements across cities and towns of Pakistan. Despite decades of residence, they had no legal claim to the land beneath their feet.There were pressing questions:
Should the government evict these poor families?Can decades of residence be ignored?Is there a humane, lawful solution?
The answer came in the form of a progressive and people-centered law:The Transfer of Evacuee Land (Katchi Abadi) Act, 1972.What Did the 1972 Act Do?This Act provided a pathway to legal ownership for poor people living on evacuee lands declared as Katchi Abadis.Conditions for Eligibility:The person must have been occupying the land on 15th March 1972.They must not own any other house, shop, or plot.They must be living in a formally declared Katchi Abadi.What They Got:Ownership rights of up to 5 marlas of land.Price based on market value of 1947.Option to pay in full or in six half-yearly installments.Fast-track procedure with no interference from courts.This law ensured affordability and dignity, without encouraging speculation or commercial abuse.
Why This Act Matters
The 1972 Act was not just about land. It was about recognizing the invisible.It gave people a legal identity.It created a sense of belonging.It offered security of tenure a legal shield against eviction.Imagine living in the same house for 30 years and still fearing demolition.
Purpose of the Act:
To give ownership of land to poor people living in Katchi Abadis (slums) built on Evacuee Land (land left behind by Hindus/Sikhs during Partition in 1947).
Section-wise Simplified Summary with Examples
Section 1: Title, Extent, and Commencement
- Name: Transfer of Evacuee Land (Katchi Abadi) Act, 1972
- Applies to: All of Pakistan
- Starts from: 15 March 1972 in Punjab and Federal Capital (others by notification)
Example: If someone was living in Lahore in a Katchi Abadi before March 1972, this law applies to them.
Section 2: Definitions
- Evacuee Land: Land left by migrants during Partition (1947)
- Katchi Abadi: Poor, informal settlement on evacuee land, declared by government
- Appointed Day: 15 March 1972 – only people living there on this date can benefit
Example: Saleem has lived in a 3-marla house on such land since 1970. He may be eligible.
Section 3: Overrides All Other Laws
This law is stronger than all past allotments, orders, or court decisions.
Example: If someone got documents in 1968 but was not living there in 1972, they cannot claim ownership.
Section 4: Cancels Old Allotments
All past land transfers are cancelled unless:
- The person was living on the land on 15 March 1972
- Their claim is verified
Example: Ahmed got a plot in 1965 but wasn’t living there in 1972. His allotment is cancelled.
Section 5: Rights for Poor Occupants
The government may give land ownership if:
- The person was living on land on 15 March 1972
- The person owns no other property
- The land is up to 5 marlas
Price: Based on 1947 rates
Payment: One-time or six half-yearly installments
Shops: Only allowed if part of a residence
Example: Fatima lives in a 3-marla house since 1969 and owns no other land. She can apply to buy it.
Section 6: Government Can Reclaim Land
If land is not transferred under Section 5, the government can take it back and ask the occupant to leave.
Example: If someone lives on more than 5 marlas and refuses to pay, the land may be reclaimed.
Section 7: Scheme Preparation
The Chief Settlement Commissioner can prepare a regularization scheme with government approval.
Example: A plan is made to regularize 20 Katchi Abadis in Rawalpindi.
Section 8: Penalty for Obstruction
Anyone who interferes with this law can face:
- Jail up to 1 year
- Fine
- Or both
Example: A person stops officers from measuring land—they can be punished.
Section 9: No Prosecution Without Permission
No legal case can start under this law unless the Chief Settlement Commissioner gives written permission.
Example: Police cannot register a case under this law without written approval.
Section 10: Courts Can’t Interfere
No court can stop or question any action or order made under this law.
Example: If someone files a court case against regularization, it will not be accepted.
Section 11: Past Martial Law Orders Still Valid
All actions under Martial Law Order 251 (Zone C) remain valid.
Example: Land allotted under martial law remains legal under this law.
Section 12: Delegation of Powers
The Chief Settlement Commissioner can give powers to other officers like:
- Settlement Commissioner
- Additional Commissioner
- Deputy Commissioner
(This must be published in the Gazette.)
Example: In Karachi, the Commissioner can handle cases if authorized.
Section 13: Government Can Make Rules
Provincial governments can make rules to implement this law.
Example: Rules may explain how to check whether someone lived on the land on 15 March 1972.
Section 14: Ordinance Repealed
The earlier ordinance is cancelled, and this new Act replaces it.
Summary Table
| Section | What It Says | Simple Example |
|---|---|---|
| 1 | Applies to all of Pakistan | Katchi Abadi in Punjab is included |
| 2 | Defines key terms | Evacuee land = land left by migrants |
| 3 | Overrides old laws and orders | Previous illegal papers not valid |
| 4 | Cancels previous allotments | No ownership if not present on 15 March 1972 |
| 5 | Gives land rights to poor residents | Up to 5 marlas for those who qualify |
| 6 | Allows land to be taken back | If rules not followed, land is reclaimed |
| 7 | Authorizes creation of regularization schemes | Government plans regularization of Katchi Abadi |
| 8 | Punishment for obstruction | Jail or fine for stopping process |
| 9 | Requires written permission for cases | No FIR without permission from Commissioner |
| 10 | Courts cannot interfere | No stay order or legal challenge allowed |
| 11 | Martial Law orders remain valid | Past orders still legal |
| 12 | Powers can be delegated to officers | Local officers can decide cases |
| 13 | Government can make rules | Rules about verification and process |
| 14 | Old ordinance repealed | New law now applies |
Conclusion
The Transfer of Evacuee Land (Katchi Abadi) Act, 1972 is a rare example of a pro-poor housing policy in Pakistan. It protects low-income families who have lived for decades in informal settlements by offering them ownership and legal security. This law promotes dignity, justice, and recognition for the urban poor.
