Law: Pakistan Rehabilitation Ordinance, (XLII of 1956)

Section:

(a) Pakistan Rehabilitation Act (XVII of 1956), S. 7 (2) (b)-- Rehabilitation Authority not empowered to re-allot property without getting first allottee ejected in accordance with S. 7(2)(b)-Re-allot ment without following procedure of S. 7(2)(b), without jurisdiction --Order quashed by writ of certiorari-Constitution of Pakistan (1956), Art. 170.   Whenever property is allotted to a person, the allotment be comes final, unless it is challenged in appeal, revision or review, and, subject to the orders passed in appeal, revision or review, the allotment order stands intact.   A Rehabilitation Authority has no jurisdiction to re-allot pro perty without taking steps to eject the first allottee in accordance with the provisions of section 7 (2) (b), Pakistan Rehabilitation Act, 1956.   Where a Deputy Rehabilitation Commissioner allotted to A the roofs of certain rooms which rooms had first been allotted to G, the order of re-allotment of roofs was quashed by certiorari.   (b) Natural justice-Order of re-allotment of allotted premises passed without affording opportunity of hearing to first allottee- Against natural justice-Quashed by certiorari-Constitution of Pakistan (1956), Art. 170.   Chief Commissioner, Karachi v. Mrs. Dina Sohrab Katrak P L D 1959 S C (Pak.) 45 rel. Dates of hearing : 24th and 25th October 1960 and 9th November 1960:   JUDGMENT   This is a petition by Ghulam Nizam-ud-Din Sabri under clause 2 (4) of the Presidents' Laws (Continuance in Force) Order, 1958, for the issue of a writ of certiorari for quashing the order of the Deputy Rehabilitation Commissioner dated the 12th of July 1958, and subsequent orders passed in consequence of it.   2. The relevant facts giving rise to this petition, as alleged by the petitioner, are as follows. The petitioner took on lease a portion of the Kirpa Ram Building situated on the Mall, Lahore, from its evacuee owner in the year 1949, and thereafter it was duly allotted to him by the Rehabilitation authorities. It consists of three rooms on the first floor of the building. His brother Ghulam Moin-ud-Din Sabri is in occupation of another flat of the same building.…