Law:

Section:

(a) Rehabilitation and Settlement Scheme read with Supple­mentary Scheme No. 2 [framed in 1959 with reference to provisions of Sched. IV of Registration of Claims (Displaced Persons) Act, 1956]-Urban garden-Whether allotment governed by provisions of Rehabilitation and Settlement Scheme and instructions thereto or by provisions of Supplementary Scheme No. 2. It seems clear, from the provisions of the paragraph 4-A of the Rehabilitation Settlement Scheme that the framers of the Rehabilitation and Settlement Scheme clearly did not intend the Scheme to apply to urban lands of any category. "Urban gardens" come within the category of "urban land" and are not allottable under the Rehabilitation and Settlement Scheme by reason of this express exclusion and not by reason of any ambiguity in the definition of "land" given in this Scheme. "Gardens" referred to in paragraph 4(f) of Chapter II of this Scheme, therefore, mean gardens situated in rural areas and not gardens situated in urban areas. The Garden Allotment Com­mittee, set up by paragraph 6 of the instructions set out in Part II of the Rehabilitation Scheme, could be empowered only to deal with gardens which were allottable under this Scheme and not other gardens. (b) Court, duty of-Application of correct law-Whether litigant draws attention of Court to it or not, Court duty bound to apply correct law. Akhtar Mahmood, Advocate Supreme Court instructed by M. I. Memon, Advocate on-Record for Appellant. Respondent No. 1 : Ex parte. S. M. Sohail, Advocate Supreme Court instructed by A. A. Dastgir, Advocate-on-Record for Respondent No. 2. Date of hearing : 13th September 1972. JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal, by special leave, is directed against the judgment of a Division Bench of the former High Court of West Pakistan, Karachi Seat, in a Letters Patent Appeal (No. 212 of 1965) arming the judgment of a learned Single Judge of the same High Court in Petition No. 576 of 1962 under Article 98 of the Constitution of 1962. This petition was filed to challenge the legality of the order of the Settlement and Rehabilitation Commissioner, Karachi, Hyderabad and Khairpur Divisions, passed on the 26th of July 1962,…

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