| Citation(s) |
|---|
| 1980 SLG 3114 = 1980 SLD 3114 = 1980 PLD 64 |
Supreme Court of Pakistan
Civil Appeals Nos. K-18 and K-19 of 1975, decided on 17th November 1979. (On appeal from the judgment dated 20-6-1974 of the Sind High Court in Constitutional Petitions Nos. 991 and 1063 of 1973).
Presented By: Karam Elahee Chauhan, Muhammad Afzal Zullah and Nasim Hasan Shah, JJ
M. Akhtar Mahmood Mirza, Advocate-on-Record for Appellants. Saeeduz Zaman Siddiqui, Advocate Supreme Court with Anwar All, Advocate-on-Record for
Respondent No. 1. Nemo for
Respondent No. 2.
Civil Appeals Nos. K-18 and K-19 of 1975, decided on 17th November 1979. (On appeal from the judgment dated 20-6-1974 of the Sind High Court in Constitutional Petitions Nos. 991 and 1063 of 1973).
Presented By: Karam Elahee Chauhan, Muhammad Afzal Zullah and Nasim Hasan Shah, JJ
M. Akhtar Mahmood Mirza, Advocate-on-Record for Appellants. Saeeduz Zaman Siddiqui, Advocate Supreme Court with Anwar All, Advocate-on-Record for
Respondent No. 1. Nemo for
Respondent No. 2.
Sahebzada Syed MUHAMMAD MATIN MIRZA-Appellant
VERSUS
JAHANGIR R. RUSTOMJI AND ANOTHER-Respondents
Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958
Section: 2(4),10(2), 9(2)
(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Ss. 2(4) & 10(2) read with Central Government Memo. No. F. 3(1)/ 60-S 1, dated 30th July 1962 [as amplified by Chief Settlement Commissioner's Press Note dated 22nd October 1961] Press Note dated 16th April 1964 and Memo. No. 301-P-1-Reh. dated 9th June 1960-Transfer of evacuee premises-Excess land-Plinth area, calculation of-Constructions neither made by evacuee nor made from income of evacuee property concerned and quite severable from rest of property-Held, could not be considered as part of evacuee house as left by evacuee for purpose of calculating its plinth are,. as then existing. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) S. 2(4), proviso 2-Language of proviso 2-Held, wide enough to authorise Chief Settlement Commissioner to instruct to treat out of-excess area only a part and not whole area in excess of three times of plinth area, or in other words, not to consider a part of such area as part of house. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Ss. 2 (4), proviso 2 & 9(2) and Memo. No. 301-P-1-Reh, dated 9th January 1960-Vires of memorandum-Word "plinth area" having not been defined in Act, Chief Settlement Commissioner, in exercise of his powers of "superintendence and control", held, could issue directions to his delegatees as to manner of calculation of such area-Memorandum dated 9th January 1960 being nothing more than instructions given to subordinates in matter of exercise of powers delegated by Chief Settlement Commissioner to such subordinates not in nature of legislation but in nature of instructions for guidance of Deputy Settlement Commissioners, hence, held, not ultra vires-[Tufail Muhammad Khan v. Abdul Hamid etc. P L D 1967 Lab. 1058 overruled in so far as holding memorandum to be ultra vires]. Tufail Muhammad Khan v. Abdul Hamid etc. P L D 1967 Lab. 1058 overruled in so far as holding memorandum to be ultra vires. (d) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) S. 10(2) and Chief Settlement Commissioner's memo. No.…