Case Details

Citation(s)
1965 SLG 4782 = 1965 SLD 4782 = 1965 PLD 490
West Pakistan Lahore
Writ Petition No. 2592-R of 1963, decided on 6th April 1964.
Presented By: Jamil Hussain Rizvi, J  
  Shamim Ahmad Mirza for Petitioner.   M. Ehsan-ul-Haq for
Respondents.

MUHAMMAD HAFIZ-Petitioner  

VERSUS

  CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER AND ANOTHER-Respondents

Law: Registration of Claims (Displaced Persons) Act, (III of 1956)

Section: 5

  Registration of Claims (Displaced Persons) Act (III of 1956)-------   -------S. 5-Claim falling in Schedule IV regarding urban agricultural land-Remaining pending, and decided on remand on 30-5-1963, i.e., after 31-5-1960 (last extended date for submission of U. R. I. Forms)-U. R. I. Form submitted on 4-6-1963, held, within time- Press Note issued by Chief Settlement and Rehabilitation Commis sioner, para. 2-Scope.   If the claim form is pending and is not finally decided by the concerned authorities before the 31st of May 1960 it would not be either just or legal to declare the forms of persons filed after the 31st May 1960 as barred by time. The intention in fixing the final date as 31st of May 1960 was that after a claim has been finally verified and the U. R. I. Form is not filed within one month of the last order or within 15 days of the supply of the copy to the claimant and a belated form is filed then such form should not be accepted if filed after the 31st of May 1960. This date would be applicable in such forms for which the limitation period had started earlier, and the form is not filed within the prescribed period but in the case of claims which remain pending, the period of limitation would not start till the final order of verification is passed. Where the final order was passed on the 30th of May 1963, the U. R. I. Form filed on the 4th of June 1963 was held to be well within time.   Date of hearing : 6th April 1964.     JUDGMENT   Briefly, stated the facts are that the petitioner had filed claim No. 13096 under Schedule IV to Registration of Claims (Displaced Persons) Act, 1956, concerning the urban agricultural land abandoned by him within the municipal limits of Amritsar. Initially, this claim was disposed of by Ch. Ali Ahmad, Deputy Claims Commissioner (Lands) vide his order dated the 23rd of September 1959. The petitioner filed an appeal against this order which was accepted by the Additional Claims Commissioner who directed for fresh verification. The petitioner filed his U. R. I. Form on the 22nd of March 1961. On remand, the Deputy Claims Commissioner (Lands) on the 30th of May 1963 verified the…
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