Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 8,10

Law: Constitution of Pakistan, 1973

Section: 199

[Evacuee Trust Property (Management and Disposal) Act (XIII of 1975)]......Ss 8 & 10---Constitution of Pakistan, Art. 199--Constitutional petition---Cancellation of transfer order, proceedings for---Appointment of Local Commissioner for getting measurement of suit property in the light of Excise and Taxation Register---Report of Local Commissioner showing measurement of suit property mentioned in Excise and Taxation record to be incorrect---Cancellation of transfer order by Chairman Evacuee Trust Property Board on basis of such report without inviting objections of parties thereto or providing them an opportunity to prove their case---Validity---Opportunity of hearing to a party was not just a formality, rather there must be a meaningful consideration by Court or Tribunal of the submissions made by the parties---Local Commissioner had travelled beyond scope of reference before him as Chairman had not directed him to further demarcate suit property---High Court set aside impugned order and remanded case to Chairman to proceed with case in accordance with law from stage of filing of report by Local Commissioner. Muhammad Bakhsh v. Nazim Din PLD 1978 Lah. 31 ref. Zahid Iqbal Raza v. The Controller of Examination, University of the Punjab Lahore PLD 1975 Lah. 1385 rel. (b) Natural justice, principles of--- ----Opportunity of hearing to a party---Scope---Such opportunity is not just a formality, but should be a meaningful consideration by Court or Tribunal of the submissions made by parties before disposing of any lis. Zahid Iqbal Raza v. The Controller of Examination, University of the Punjab Lahore PLD 1975 Lah. 1385 rel. ORDER SAGHEER AHMAD QADRI, J.---Petitioner No.1 Muhammad Hussain son of Atta Ullah Khan, who is now being represented through his legal heirs (Petitioners Nos.1-A to 1-H), was allotted property No.Y-270-A situated at Dhoke Ratta, Rawalpindi as an evacuee trust property being a refugee from occupied Kashmir by the Rehabilitation Officer vide order, dated 19-3-1656. The said petitioner subsequently filed KCH Form in respect of the same property and he was issued vide Appendix IX under Settlement Scheme No.1 a Transfer Letter and on the basis of…

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