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

Section:

(a)       Displaced       Persons       (Compensation       and Rehabilitation) Act (XXVIII of 1958), Sch., pare. 4 read with Settlement Scheme No. V-Transfer of houses under para. 4 of Schedule to Act can only be made under Settlement Scheme No. V and in pursuance of applications invited by Chief Settlement Commissioner by Notifica tion-Application at random by individual claimant as and when he chooses not entertainable-Word "transfer" for purposes of para. 4 of Schedule to Act-Means simply transfer of property to claimant subject to several provisions of Act and cannot be interpreted to mean final and completed alienation of property ---Person to whom house has been transferred but no P. T. O. has been issued-Cannot claim another house by contending that first transfer has not been completed.   Mst. Bakho v. Mst. Sairan and others P L D 1963 Lah. 72 held not applicable.   (b)       Displaced       Persons       (Compensation      and Rehabilitation) Act (XXVIII of 1958), Sch.-Amount of claim compensation cannot be partly used for transfer of one property and partly for another if value of first property transferred can be utilised to exhaust entire compensation value of his claim-Person thus exhausting his claim ceases to be claimant and is not entitled to transfer of another property.  JUDGMENT   ANWARUL HAQ, J.---This writ petition was dismissed by us by a short order on the 7th of March 1963, and this judgment is intended to give reasons for the same.   The petitioner Mr. Muhammad Umar Khan, Advocate,is a refugee from United Provinces (India), and was residing in Bungalow No. 67, The Mall, Peshawar Cantonment, when Settlement operations were commenced under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 (hereinafter referred to as the Act). As he is a claimant displaced person having a verified claim of over Rs. 55,000 (sic), be applied for .the transfer of this house on form C. H. Tile…