Case Details

Citation(s)
1982 SLG 4002 = 1982 SLD 4002 = 1982 CLC 1459
Lahore High Court
Writ Petition No. 993/R of 1965, decided on 30th April, 1973.
Presented By: Zakiuddin Pal, J
Nawaz Khan Toor for
Respondent No. 2.

Ghazi ABDUL YAWAR-Petitioner

VERSUS

CHIEF SETTLEMENT COMMISSIONER, RAWALPINDI, ETC.-Respondents

Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-   --Ss. 20 (2) & 31 (a) -Review-Power of review-Not ancillary to revisional power conferred on delegate-Delegation of power under one section, held, can be construed to carry with it a delegated power under other section also-Such power creature of statute-Cannot be said that delegate exercising revisional power under S. 20 (2) has inherent powers to review order passed in his capacity as a delegate Order of review set aside.-[Review-Interpretation of statutes].   Zainab Khatoon v. Ghulam Shabir P L D 1965 S C 55 ; Muhammad Sharif v. Sh. Muhammad Rafique, Settlement & Rehabilitation Commis sioner, Lahore P L D 1968 Lah. 263 and Muhammad Sardar Khan v. Chief Settlement Commissioner, West Pakistan, Lahore P L D 1969 Lah. 659 rel.   (b) Words and phrases-   --`Pending'-Meaning. According to law the word `pending' means nothing more than `undecided or awaiting decision or settlement'. An action is considered in law pending from the time of its commencement of proceeding.   (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-   --Ss. 20 & 21 [as amended by Displaced Persons (Compensation and Rehabilitation) Ordinance (1I of 1962) and Displaced Persons Com pensation and Rehabilitation) (Second Amendment) Ordinance (XIII of 1962)-Review proceedings pending long before amending Ordi nance came into force-Not affected by Ordinance and liable to be disposed of by a competent forum-Such application disposed of by a Tribunal not competent to dispose of same-Deemed to be still pending and liable to be disposed of by authority competent to dispose of same in accordance with law-Settlement Commissioner with powers of Chief Settlement Commissioner under S. 31 (2), held further, competent to review order passed by an officer exercising delegated power of Chief Settlement Commissioner ceasing to hold office.   Ghulam Mohyud Din v. Chief Settlement Commissioner P L D 1964 .S C 29 and Wali Muhammad and 2 others v. Imam-ul-Hassan Khan P L D 1971 Lah. 332 rel..   S. M. Bashir for Petitioner.   Nawaz Khan Toor for…
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