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

Section: 10

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- ----S. 10---Settlement Scheme No.VI---Scheme for Management and Disposal of Available Urban Residential Properties---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Transfer of property---Evidence on record had proved that original allottee of plot in dispute, who was in its possession and had constructed six big rooms over it, had filed Application  Form  under  Settlement  Scheme  No. VI---Allottee, after getting adjusted transfer price of plot from compensation book, purchased by him from a claimant, surrendered his entire rights in plot in dispute in favour of petitioner through agreement and petitioner, on basis of such agreement, applied for issuance of transfer order in his favour---Authority, after recording statement of allottee and petitioner and after preparation of account, issued transfer order in respect of plot in dispute in favour of petitioner---Transfer order issued in favour of petitioner was acted upon in shape of attestation of mutation which was duly implemented and incorporated in Revenue Record---Overwhelming evidence was available on record that plot in dispute which stood transferred in name of   petitioner for all intents and purposes, had gone out of compensation pool and was no more available for auction under Scheme for Management and Disposal of Available Urban Residential Properties---Plot in dispute being no more available for auction, and Authority after transfer of same in favour of petitioner having become "functus officio", petitioner could not be deprived of same and plot could not be taken as available property---Order of Authority whereby plot in dispute was declared to be available for disposal under Scheme for Management and Disposal of Available Urban Residential Property, was declared to be illegal in circumstances. Ch. Muhammad Rafiq Khan for Petitioners. R.A. Zafar and Ch. Inayat Ullah for Respondents. Date of hearing: 4th November, 1998. '. JUDGMENT This judgment will govern Writ Petitions No.693/R of 1981 and No. 143/R of 1982, as both of it, are directed against one and…