Law:

Section:

(a) Settlement Scheme No. I--- Pares. 7, 8 & 16-Jurisdiction-Deputy Settlement Commissioner bound to apply his mind to cases of claimants seeking transfer-Such function, held, could not be abdicated to Assistant Settlement Commissioner -Mere countersigning order of Assistant Settlement Commissioner by Deputy Settlement Commissioner-Could not be taken to be an exercise of jurisdiction vested in him in accordance with law.-[Jurisdiction] Ghulam Mohyuddin v. Chief Settlement Commissioner P L D 1964 S C 829 and Sh. Khurshid Ahmad v. Settlement and Rehabilitation Commissioner and another P L D 1971 S C 498 ref. (b) Settlement Scheme No. I- --Paras 7, 8 & 16-No attempt made to show Deputy Settlement Commissioner having independently applied his mind to entitlement of claimant apart from countersigning note of his subordinate-Settlement Commissioner, held, justified in holding no valid order of transfer having been made in favour of appellant and no proper disposal of C. S. form laving taken place. (c) Permanent Transfer Rules- --- Para. 2 (b)-Words "final order"-Final order to be in respect of entitlement of proposed or provisional transferee passed by a competent settlement authority or Court-Order transferring shop and residential premises not an order passed by a competent authority in accordance with law-C. S. form to be deemed still pending disposal-Order of transfer invalid-Cannot give transfer incidence of finality-Settlement Commissioner, held, competent to cancel P. T. D. issued on such order.-[Words and phrases]. Muhammad Shafi v. Mouj Din Khan and 3 others P L D 1976 Lah. 17 and Syed Murid Hussain Shah v. Mufti Muhammad Yousaf and others 1974 S C M R 8 distinguished. (d) Assistant Settlement Commissioners (Validation of Orders) Act (XLIV of 1973)- S.2 (4) & (12), provisions-Validation contemplated by S. 2 Confined to provisions relating to declaring a residential building or a business premises into more than one unit-Order in question stating, building to be reported as one unit --Such order, held, does not amount to declaration envisaged by provisos to subsection (4) or (12) of S. 2-Section 2, held further, can in no case be pressed into…

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