| Citation(s) |
|---|
| 1970 SLG 3160 1970 SLD 3160 = 1970 SCMR 739 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 5 of 1970, decided on 27th February 1970.
Presented By: Hamoodur Rahman, C. J. and Sajjad Ahmad J.
Saeed Akhtar, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate-on-Record for Petitioner. Nemo for
Respondents,
Civil Petition for Special Leave to Appeal No. 5 of 1970, decided on 27th February 1970.
Presented By: Hamoodur Rahman, C. J. and Sajjad Ahmad J.
Saeed Akhtar, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate-on-Record for Petitioner. Nemo for
Respondents,
MESSRS PAKASIA PAINT MILLS LTD.-Petitioner
VERSUS
DR. ABDUL RAUF AND 9 OTHERS-Respondents
Law:
Section:
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 28th July- 1969, in Settlement Revision No. 100 of 1969). (a) Pakistan (Administration of Evacuee Property) Ordinance (XVIII of 1956). S. 15 and Pakistan (Administration of Evacuee Property) Act (XII of 1957), Ss. 18 & 25(Z)(s), Allotment made under S. 15 of Ordinances XVIII of 1956 or S. 18 of Act XII of 1957-Does not by itself' confer any title on allottee-Such allot ments merely temporary and held subject to terms and conditions determined by Custodian-Acquisition of evacuee.' land-Could only be made under S. 25(2)(s) of Act XII of 1957 with prior approval of Central Government. (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957), S. 25(2)(s) read with Displaced person (Land settlement) Act (XLVII of 1950, Ss. 12 & 14-Allotments in respect of properties in compensation pool-To be made only to displaced persons against their verified claims-Power of Chief Settlement Commissioner under S. 12 of Act XLVII of 1958 to dispose of properties in compensation pool-Restricted to disposals in favour of displaced persons-Lands once gone into compensation pool-Power under S. 25(2)(s) of Act XII of 1957-Not available to by custodian (c) Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 12-Land gone into compensation pool and lawfully allotted to refugees under S. 12-Cannol be acquired in any manner other than by institution of acquisition proceedings under Land Acquisition Act (I of 1894). Date of hearing : 27th February 1970. JUDGMENT HAMOODUR RAHMAN, C. J.-The dispute in this case relates to about 70 kanals of evacuee agricultural land situated in village Taraf Ravi, Tehsil and District Multan. The petitioner firm proposed to acquire it for the construction of a paint mill. On the basis of its application on the 5th November, 1956, the Rehabilitation Commissioner wrote to the Deputy Rehabilitation Commissioner, Multan saying that posses sion of the land may be given to the petitioner firm "only if advance payment is made and the existing occupants are provided alternate accommodation before being dispossessed and further subject to…