Law:

Section:

Displaced Persons (Compensation and Rehabilitation Act (XXVIII of 1958)---S. 2 (b) read with Notification No. F. 3 (3)/60-Si, dated 11-8-60­Notification applicable only to respect of houses and shops and not of industrial concerns-Persons claiming property to be industrial concern-Cannot claim benefit of Notification. ORDER SALAHUDDIN AHMED, J.-The petitioner has been aggrieved by the order of a Division Bench of the Lahore High Court allowing the Letters Patent Appeal of respondents Nos. 2 to 8, and setting aside the order of a learned Single Judge of the Court passed in Writ Petition No. 386 of 1,962. It appears that the property in question was a utensil-making factory and it had been allotted to the petitioners on the 27th of December, 1952. The Settlement authorities started ejectment proceeding against respondents Nos. 2 to 8, who are displaced persons, and some others on the ground that they were in unauthorised occupation of the property. The Additional Rehabilitation Commissioner directed ejectment only after some suitable alternative accommodation had been provided to the persons ejected. Until the commencement of the settlement operations, however, the said respondents succeeded in preventing their ejectment. When the settlement operations began the said respondents put in C. H. forms for the transfer of the property on the assumption that it was a house, while the petitioners applied for transfer as an `industrial concern' on the basis of their allotment letter dated the 27th December, 1952. By his order dated the 1st of April 1.961, the Addl. Settlement Commissioner transferred the property in question as a factory to the petitioners. Respondents Nos. 2 to 8 although unsuccessful before the Settlement Commissioner in their appeal from the said order of the Additional Settle­ment Commissioner, succeeded in their revision before the Settlement Commissioner. The Settlement Commissioner held that admittedly there was no machinery whatsoever in the property and that it was being used exclusively for residential purposes, and the respondents had built several rooms to meet their needs. The Settlement Commissioner accordingly accepted the revision of the…

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