| Citation(s) |
|---|
| 1980 SLG 3144 = 1980 SLD 3144 = 1980 SCMR 411 |
Civil Appeals Nos. K-36, K-37 and K-22 of 1970, decided on 8th, January 1980.
Presented By: Anwarul Haq, C. J., G. Safdar Shah, Karam Elahee Chauhan, Muhammad Afzal Zullah and Nasim Hasan Shah, JJ
Tehsin v. S. Ijaz Hussain Shah P L D 1965 S C 618 held not appli cable]. Mst. Mahmooda Tehsin v. S. Ijaz Hussain Shah P L D 1965 S C 618 held not applicable. Khalid Ishaq, Senior Advocate Supreme Court instructed by Aziz Ahmad Khan, Advocate-on-Record for Appellants (in C. As. Nos. K-36 and K-37/70). Nemo for
Respondents Nos. 1 and 2 (in C. As. Nos. K-36 and K-37 of 1970). M. Ali Saeed, Advocate Supreme Court instructed by K. A. Ghani, Advocate-on-Record for
Respondent No. 3 (in C. As. Nos. K-36 and K-37 of 1970). Muhammad Ali Saeed, Advocate Supreme Court instructed by K A. Ghani, Advocate-on-Record for Appellant (in C. A. No. K-22 of 1970). Kkalid Ishaq, Senior Advocate Supreme Court instructed by Aziz Ahmad Khan, Advocate-on-Record for
Respondents 1 and 2 (in C. A. No. K-22 of 1970).
Respondents Nos. 3 to 7 : Ex parte (in C. A. No. K-22 of 1970).
Civil Appeals Nos. 36 and K-37 of 1970 S. M. YOUSUF AND ANOTHER-Appellants
VERSUS
CHIEF SETTLEMENT COMMISSIONER AND 2 OTHERS-Respondents AND Civil Appeal K-22 of 1970 Sh. ABDUL HAFEEZ--Appellant Versus S. M. YOUSUF AND 6 OTHERS-Respondents
Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958
Section: 13(3), 14, 10
(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Sched , paras. 13 (3), 14 & S. 10 read with Notification No. 10593-PI-Reh/60, dated 24th June, 1960- Evacuee vacant building sites-Transfer of-Inspection conveyed through notification having been issued by Chief Settlement Commissioner with approval of Central Government considered to have been issued under S. 10, hence, not ultra vires-Persons in occupation making offer to purchase property before same being finally put to auction, held, entitled to its transfer. Syed Azmat Ali v. The Chief Settlement & Rehabilitation Commissioner and another P L D 1964 S C 260 ; Major .1. H. Naqvi v. The Director, Enforcement Directorate, West Pakistan P L D 1966 S C 611 ; Chief Settlement Commissioner and another v. Jamaluddin and others 1968 S C M R 697 and M. M. Rashid v. Chief Settlement & Rehabilitation Commissioner P L D 1963 Lah. 227 ref. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Sched, paras. 13 & 14 read with S. 10 and Settlement Scheme No. VI para. 1, cl. 3 (c) and Notification No. 10593-PI-Reh./60, dated 24th June, 1960-Evacuee vacant building sites-Division for transfer of-Nothing in Act or Schemes forbidding division of plot in accordance with principles governing by laws of a local body Plot according to byelaws of local body divisible into two parts of 600 square yards each - Settlement authorities holding area of permanent construction of appellants being only 220 square yards and not 313 square yards as claimed, construction raised on plots by appellants consequently not covering 1/4th of full plot, division of plot into two parts, held, not merely in accordance with law but also most appropriate course in circumstances -[Mst. Mahmooda Date of hearing : 8th January, 1980. …