| Citation(s) |
|---|
| 1962 SLG 2774 = 1962 SLD 2774 = 1962 PLD 217 |
Lahore High Court
Writ Petition No. 664/R of 1960, decided on 9th November 1961.
Presented By: S. A. Mahmood, J
A. S. Kirmani and Gul Muhammad for Petitioner. Ishaq Muhammad Khan S. C. (Legal) for
Respondent No. 1. Aftab Hussain for
Respondent No. 2. Dates of hearing : 25th, 26th October and 1st November 1961.
Writ Petition No. 664/R of 1960, decided on 9th November 1961.
Presented By: S. A. Mahmood, J
A. S. Kirmani and Gul Muhammad for Petitioner. Ishaq Muhammad Khan S. C. (Legal) for
Respondent No. 1. Aftab Hussain for
Respondent No. 2. Dates of hearing : 25th, 26th October and 1st November 1961.
Mian MUHAMMAD RASHID-Petitioner
VERSUS
THE CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER, LAHORE AND ANOTHER--Respondents
Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958
Section:
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) [as amended by Displaced Persons (Compensa tion and Rehabilitation) (Second Amendment) Ordinance (LIII of 1959), Sch., para. 16-A (2) and Settlement Scheme No. III, Terms and Conditions of Auction, paras. 9, 10 & 11-Chief Settlement Commissioner has discretion to accept or not to accept highest bid --Non-acceptance of highest bid - Not open to challenge in writ petition-Constitution of Pakistan (1956); Art. 170. Displaced Persons (Compensation and Rehabilitation) Act (XXVII of 1958), S.16 (1) (b) & (c)-Settlement Scheme No. 111, Terms and Conditions of Auction, para. 13-highest bid not accepted-Provisions of para. 13 not attracted. Displaced Persons (Compensation and Rehabilitation) Act (XXVII of 1958), S.16 (1) (b) & (c)-Settlement Scheme No. 111, Terms and Conditions para. 9-Claimant making highest offer at auction failing to produce document mentioned in sub para (1) of para. 9-Confiscation of earnest money valid and proper. Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) [as amended by Displaced Persons (Compensation and Rehabilitation) (Amendment) Ordinance (I of 1959)], Sch., para. 25-Chief Settlement Commissioner has no power to extend time beyond 3 months. (e) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) [as amended by Displaced Persons (Compensa tion and Rehabilitation) (Second Amendment) Ordinance (LIII of 1959)], S. 10 (b) -Interpretation-" Subject to the provisions of this Act"-Meaning-Power of Central Government to authorise disposal of property as approved by it-Whether subject to provisions of, and to manner prescribed in Schedule to, Act --Direction of Central Government to dispose of big mansions by negotiations instead of by auction-Whether invalid-Settlement Scheme No. III, Ch. III, para. 4 & Terms and Conditions of Auction, paras. 3, 9 (2) & 10-Displaced Persons (Compensation and Rehabilitation) Act (XXYIII of 1958) [as amended by Displaced Persons (Compensation and Rehabilitation) (Amendment) Ordinance (I of 1959) and Displaced Persons (Compensation and…