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

Section: 3, 10

Law: Constitution of Pakistan, 1962

Section: 98

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Sched., Part 1, para. 3 read with Settlement Scheme No. 1, para. 10-K, a local, applying on LH Form for transfer of a house in his possession-LH Form rejected, by Settlement Authorities without novice to K, in contravention of provision of para. 10, Settlement Scheme No. I-Order of rejec tion, clearly in excess of jurisdiction, liable to correction in writ jurisdiction-Constitution of Pakistan (1962), Art. 98. (b) Natural justice, principles of Audi alteram partem (no one should be condemned unheard) - Violation of principle Actionable without affecting tribunal's jurisdiction-Constitution of Pakistan (1962), Art. 98. A breach of the rule of audi alteram partem is generally held to be actionable without affecting the tribunal's jurisdic tion, though it has sometimes been considered as a jurisdictional defect which nullifies the proceedings. The distinction is how ever, bedevilled by terminological inconsistencies in particular by the use of the terms "void" and "voidable". Even where action succeeds, Courts have not necessarily rested their judg ment on the nullity of the disputed proceedings. Amnan Rubinstein on Jurisdiction and Illegality, p. 222 ; University of Dacca etc. v. Zakir Ahmad P L D 1965 S C 90 ; Fazal Din etc. v. Commissioner, Peshawar Division and another P L D 1968 Pesh. 30 ; Syed Mahmud Alam v. Syed Mehdi Hussain etc. P L D 1970 Lah. 6 and Atta Muhammad Qureshi v. The Settlement Commissioner, Lahore Division etc. PLD1971 SC61ref. (c) Constitution of Pakistan (1962) Art. 98-Laches-Public policy-Petitioner able to establish a clear breach of statutory rules by Tribunal below may yet fail to have its decision set aside under Art. 98 if his conduct characterised by foolishness or unreason able delay in Instituting proceedings-Petitioner seeking to re-open a decision under Displaced Persons (Compensation and Rehabili tation) Act, 1958 after undue delay-Held, re-opening of matter, after long delay, in respect of Settlement operation, against public policy-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched. A litigant…