Law:

Section:

Settlement Scheme No. 1, paras. 4(c), & 22-Transfer of house to local on evaluation price refused without consideration of various Instructions Issued by Settlement Authorities with regard to assessment of evacuee houses in Hyderabad-Held, evaluation made by Settlement Authorities in disregard of their own instruc­tions could not be upheld. An application on LH form was made by a local for the transfer of a house in his possession. There was no authen­tic assessment of premises by any competent authority for the year 1946. The Deputy Settlement Commissioner refused transfer holding that the value of the house "cannot be less than Rs. 10,000." But while holding so neither the Deputy Settlement Commissioner nor the higher authorities had applied their minds to the various provisions of the Settlement Scheme No. I or the instructions, Issued under para. 22 of the Scheme, laying down the formulae for determining the evaluation price in respect of houses situated in Hyderabad. Held : It was incumbent upon the subordinate Settlement Authorities to follow these special instructions contained in Circular No. Reh./39.Gen./58 dated 11.8-59, Circular No. L/4R/59 dated 7-10-59 and No. 873-AST-S & R/59 dated 7-11-59 in preference to other general instructions as the former specifically dealt with the evaluation of evacuee houses in Hyderabad Town. They must be deemed to have superseded all other general instructions to that extent in Hyderabad. Any evaluation made in disregard of these instructions could not be upheld. K. A. Ghant, Advocate-on-Record Supreme Court for Appel­lant. S. Y. Khawaja, Advocate Supreme Court instructed by A. Aziz Dastagir, Advocate-on-Record for Respondent No. 1. Respondent No. 2 : Ex parts. Date of hearing ; 29th August 1972. JUDOMMNT HAMOODUR RAHMAN, C. J.--This appeal, by special leave, arises out of a judgment of a Division Bench of the former High Court of West Pakistan, Karachi Seat, in a Letters Patent appeal. The said appeal arose out of a judgment of a learned Single Judge of the same High Court in a Constitution Petition which was filed to challenge the orders of the Settlement Commissioner and Chief Settlement Commissioner,…

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