Law: Displaced Persons (Land Settlement) Act, 1958

Section: 2 (1), (7), 11, 14, 15

Law: Pakistan Rehabilitation Ordinance, (XLII of 1956)

Section: 6(1)

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)  Ss. 2 (1), (7), 11, 14 & 15 read with Pakistan Rehabilitation Act (XLII of 1956), S. 6(1)-Allotment of land, cancellation of--Operation of Ss. 11(1) & 14---Subjected to provisions of Act itself-Scheme prepared under Act of 1956-Inseparable part of 1958 Act-Section 15 operative only when scheme prepared under warrant of S. 14-No scheme prepared-Section 15 has no application-Scheme prepared under 1956 Act being comprehensive enough, Chief Settlement Commissioner could disregard preparing any scheme-Allotment of land made under scheme-Not liable to cancellation under S. 1 S. (b) Settlement Scheme No. I -Paras. 4(c) & 3--Vires of statutes-Chief Settlement Commissioner's Memo No. 2350-59/2017-R (P) dated 14-5-1959 issued under para. 3 ---Valid and intra vires powers of Chief Settlement Commissioner--Allotment of land covered by scale prescribed in Memo-Could not be cancelled under cl. (c) of para. 4. Date of hearing : 8th May 1974.                                                                                                                        JUDGMENT GHULAM SAFDAR SHAH, C. J.-This letters patent appeal is directed against the order of a learned Single Judge of this Court dated 7-5-68, by which the writ petition filed by respondent Abdul Qayyum Khan against the order of Settlement and Rehabilitation Commissioner (Land) dated 19-7-66 was accepted and in consequence he was held to be entitled to retain 8 kanals of land against his claim as displaced person from Jammu & Kashmir. The relevant facts of the case are that appellant, who is also a claimant displaced person, was allotted on 4-3-59 by the Rehabilitation Authorities 18 kanals and 1 marla of land situated in Mahal Tehrai Tehsil Peshawar on temporary basis, that after this allotment the Chief Settlement and Rehabilita tion…