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

Section: 2(4)

Displaced Persons (Compensation and Rehabilitation) Act (XKVIII of 1958)  S. 2(4) read with Settlement Scheme No: VIII, para. (I-A)- "House", meaning of-Temporary wooden structure lying on roof of a building-Cannot be given status of independent unit and termed as `house' within meaning of S. 2(4) of Act and be separately disposed of under relevant Settlement law--Such disputed premises, held, constitute "available properties" for purpose of Settlement Scheme No. VIII.,[Words and phrases]. Abdul Razzak v. Settlement Commissioner, Karachi P L D 1974 Note 40 at p. 76 and Muhammad Sharif v. Muhammad Ups 1974 S C M R 61 rel. Date of hearing : 3rd September, 1979,                                                                                                                  JUDGMENT These two Constitutional Petitions will be disposed of by this judgment as they pertain to the property situated in the same building and common arguments were addressed by the counsel for the parties. 2. Parties bearing No. C. 1. 31 consisting of Nos. G/l, G/4, G/5, I/1 and I/2 was transferred to S. M. Baqir by auction and a P. T. D. was issued to him on 31st July, 1962. Admittedly the disputed property consists of temporary wooden structures raised over the roof of the said building on either side of the staircase. These wooden structures were entered in the Evacuee Property Register under separate numbers as property Nos. 2/1 and 2/2. According to the record premises bearing No. 2/2 had been transferred to one Mst. Kaneez Bano by negotiation at 55% of the reserve price as on two occasions no bid was forthcoming in the auctions held earlier. But before P.T.D. could be issued in her favour, on 14th September, 1968 S. M. Baqir moved the Additional Settlement Commissioner, Karachi that the temporary structures in question had been unauthorisedly raised by the relatives of his…