Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 2 , 2 (2)

Law: West Pakistan Rehabilitation and Settlement Scheme

Section: 7

  Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 2---Object of Settlement Laws had been to rehabilitate displaced persons in such a manner as to integrate them in economic life of nation, principle of allotment being "first come first served". Muhammad Shafi and others v. Chief Settlement and Rehabilitation Commissioner, Lahore and others 1968 SCMR 121; Saleh Muhammad and 5 others v. Khushi Muhammad and 5 others 1979 SCMR 570; Shah Nawaz and 2 others v. Mirza Niamat Ali Beg and f2 others 1976 SCMR 227 and Syed Masood Hussain Zahidi v. Aziz Ahmad 1984 SCMR 945 rel. West Pakistan Rehabilitation Settlement Scheme, 1956--- ----Para 7---Constitution of Pakistan (1973), Art. 199---Object of the Scheme--Cancellation of allotment without notice ---Effect---Para No.7, West Pakistan Rehabilitation Settlement Scheme, 1956, prescribed that in congested districts, land was to be given to allottees only---Sitting allottee was entitled to allotment under para 7 of the Scheme---Where cancellation of allotment was made without notice to such allottee, order of cancellation would be coram non judice, void ab initio and nullity in law---Such order could not be sustained---Order of subsequent allotment in favour of respondents being superstructure on void orders could not stand---Order of cancellation passed by Settlement Authority, being without jurisdiction was without any lawful authority and thus, not sustainable---Allotment in favour of petitioners was restored in circumstances. West Pakistan Rehabilitation Settlement Scheme, 1956--- ----Para 7---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2 (2)---Claim of respondents being a pending claim within the meaning of S. 2 (2), Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, and evacuee property being still available, same could be allotted to respondents---Case was   remanded - to Notified Officer for satisfaction of respondents' claim in accordance with law. Ch. M.Z. Khalil for Petitioners. Ch. Inayatullah for the Settlement Department. S.M. Tayyab for Respondents Nos. 2 and 3. Date of hearing: 20th July, 1991. JUDGMENT This…