Law: Pakistan (Administration of Evacuee Property) Act (XII of 1957)

Section: 18-A(2) & 25(2)(p), (q)

PLJ 2026 SC (AJ&K) 13 [Appellate Jurisdiction] Pakistan (Administration of Evacuee Property) Act, 1957 (XII of 1957)-- ----Ss. 18-A(2) & 25(2)(p), (q)--Evacuee Property Allottees (Compensation) Order, 1967, S. 3--Deduction of service charges--Compensation of propriety right--Writ petition--Accepted--Gift-deed--Refugee allottee--Issuance of award--Sole proposition to be resolved by us is whether Custodian had rightly issued order dated 24.07.2017 regarding payment of compensation after deduction of service charges and compensation for proprietary rights--Proviso clearly speaks that where an allottee had obtained certificate of provisional proprietary rights before issuance of award, he should be entitled to full compensation money--In this case admittedly land was transferred through gift-deed and deduction had been made from transferee and not allottee--It was clear that in case of transfer of property by allottee, transferee should pay to Custodian prescribed cost of property--In this regard, learned counsel for appellant had rightly referred to judgment--Now, question arises whether transferee had paid prescribed cost of property--NOC according to which an amount was paid--Requirement of aforesaid proviso had already been complied with and deduction of an amount of was not just--So far as deduction of service charges, is concerned, under clauses (p) and (q) of sub-section (2) of Section 25 of Act, 1957 Custodian is vested with powers--In this state of affairs, we were of view that service charges had rightly been deducted before making payment of compensation to respondents.                                                                     [Pp. 16, 17 & 18] A, B, C & D Judgment Kh. Muhammad Nasim, J.--The captioned appeal, by leave of the Court, is addressed against the judgment of the High Court dated…