Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 10

Law: Constitution of Pakistan, 1973

Section:

  Displaced Persons (Compensation and Rehabilitation) Act (XXV111 of 1958)--- ---- S. 10 --- Settlement Scheme Nod, paras. 32 & 33 --- Compensation book desposited by transferee of property in dispute for adjustment of balance price of property, was refused to be adjusted by Settlement Authority suspecting same being bogus without providing petitioner/transferee opportunity of being heard to explain his position --- Chief Settlement Commissioner who was directed by Court to hold proper inquiry in the matter, failed to give any finding to the effect whether compensation book was bogus or not despite ample opportunity was given to him in that respect ---Settlement Authorities refusing to adjust price from compensation book also at no stage recorded a finding that book was bogus-- Mere fact that compensation book in question was attached with a criminal case, was not a valid ground for not adjusting compensation book particularly when according to a finding of fact recorded by Chief Settlement Commissioner himself accused was ultimately discharged in the said criminal case. Constitution of Pakistan (1973)--- ---- Art. 199 --- Constitutional jurisdiction, exercise of --- High Court declined to remand case for further inquiry where remand of case could result in prolonging the agony of petitioners.---[Remand of case]. Saleem Abdur Rehman for Petitioner Rana Muhammad Arshad, Addl. A.-G. and Qamar-uz-Zaman for Respondents. Date of hearing: 26th March, 1989. JUDGMENT The dispute in this case relates to recovery of Government dues from the petitioners in respect of Property No. S-19-R-27, E. Plomer Building, 26, Shahrah-e-Quaid-e-Azam, Lahore.     Briefly, the facts are that the Additional Settlement Commissioner (Ind)/Settlement and Rahabilitation Wing, Punjab, Lahore, vide demand notice dated 14-5-1976 directed Hamid Ali Al-Makki one of the petitioners herein to deposit a sun of Rs.2,96,082.50 in cash in respect of the balance transfer price of the said property within 30 days from the receipt of the demand notice failing which the portion of the property transferred to the petitioner mentioned above was threatened to be resumed without any further…