| Citation(s) |
|---|
| 1975 SLG 195 1975 SLD 195 1975 SCMR 197 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 12 of 1975, decision dated: 29th January 1975. (On appeal from the judgment and order of the Lahore High Court, dated the 19th November 1974, in Writ Petition No. 566/R of 1973)
HAMOODUR RAHMAN, C.J. AND SALAHUDDIN AHMED, J
Abid Hassan Minto, Advocate Supreme Court instructed by Masud Akhtar, Advocate-on-Record for Petitioners. Nemo for
Respondents
Civil Petition for Special Leave to Appeal No. 12 of 1975, decision dated: 29th January 1975. (On appeal from the judgment and order of the Lahore High Court, dated the 19th November 1974, in Writ Petition No. 566/R of 1973)
HAMOODUR RAHMAN, C.J. AND SALAHUDDIN AHMED, J
Abid Hassan Minto, Advocate Supreme Court instructed by Masud Akhtar, Advocate-on-Record for Petitioners. Nemo for
Respondents
AMANULLAH QURESHI AND 5 others
VS
CHIEF SETTLEMENT COMMISSIONER AND another
Law:
Section:
Interpretation of statutes--- Singular in statute includes pluralComprehensive notification by Chief Settlement Commissioner declaring evacuee lands tit various places as building sitesNotification not invalidDisplaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.2(3)(b). ORDER HAMOODUR RAHMAN, C. J. The -Petitioners in this case are claimants it respect of urban lands abandoned by them in India. They were temporarily allotted some lands within urban limits in Pakistan. Subsequently in 1963 under Settlement Scheme No. I and Supplementary Settlement Scheme No. 2, the Government as a matter of general policy decided to permanently settle displaced persons holding temporary allotments of urban agricultural lands in these places. No permanent allotment was, however, made because the Chief Settlement Commissioner by a notification issued in 1969 under section 2(3)(b) of the Displaced Persons (Land Settlement) Act, 1958, declared such lands within Municipal limits as building sites. This notification was challenged. Therefore it was cancelled and a subsequent notification was issued on the 16th May 1973, under the same provisions of law declaring all urban lands within Municipal areas throughout Punjab as building sites. The -Petitioners sought to challenge this notification by a writ petition in the Lahore High Court and so did several other persons by filing similar petitions. All these petitions were heard together by a single Judge of the Lahore High Court who dismissed the writ petitions on the 19th December 1974, holding that the notification of the Chief Settlement Commissioner was a valid and legal notification. The -Petitioners have come up for special leave to appeal and it is contended on their behalf that the use of the words 'a building site' in clause (b) of the aforesaid subsection (3) of section 2 of the Displaced Persons (Land Settlement) Act, clearly means that each individual holding must be considered independently. Therefore, no general…
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