Law:

Section:

(a) Rehabilitation Settlement Scheme- -Supplementary Scheme No. 2, para. 24-Second proviso added on 20-2-60 and read with Central Government Memo. No. 2456-60/1926 R(P) dated 19-5-60-S, entitled under second proviso to retain his temporary urban area against his rural land, making application to Central Government on 13-12-60 claiming benefit under second proviso-Application pending before Chief Settlement Commissioner for disposal alongwith other recommended cases-Meanwhile Central Government taking fresh decision whereby temporary allottees of urban land having verified rural units were completely barred from retaining temporary area in lieu of rural units-Two parcels of land consequently resumed from S but on revision preferred by him Govern ment allowing S to retain entire land under his temporary urban allotment against his verified claim, urban and rural combined -Government by subsequent communication advising Chief Settlement Commissioner that order issued previously in favour of S be deemed to be cancelled-Held: S had applied within time for grant of benefit under second proviso; merely because by the time the application was finally disposed of there had been a change in law did not preclude S from passing his claim for benefit of second proviso when it was not due to any fault of his that his application was not disposed of in time; further despite change in law Central Government had extended the benefit of second proviso to S and having once elected to do so, S could not be made to suffer for the action or inaction on part of Government. Mian Rafi-ud-Din and 6 others v. The Chief Settlement and Rehabilitation Commissioner and 2 others P L D 1971 S C 252; Taj Din v. Mrs. Razid Begum AM and 2 others P L D 1971 S C 97; Crown v. Haveli P L D 1949 Lah. 550; Maulana Abdul Qaddus Behari v. Chief Settlement Commissioner and others 1969 S C M R 561; Ch. Bahar Muhammad v. The Chief Settlement and Rehabilitation Commissioner, Pakistan, Lahore and another P L D 1962 Lah: 209; Ch. Riasat Ali Azad and others v. Mst. Bakhtawar Bibi and another P L D 1968 Lah. 56 and Amanat All v. Syed Panah Ali Shah and another P L D 1973 Lah. 332 ref. (b) Maxim Actus curiae…