Law: Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)

Section: 20

Law: Constitution of Pakistan, 1962

Section: 98

  (a) Displaced Persons (Compensation and Rehabilitation)Act (XXVIII of 1958), S. 20 read with Displaced Persons (Com pensation and Rehabilitation) (Amendment) Ordinance (II of 1962) [as amended by Displaced Persons (Compensation and Rehabilita tion) (Second Amendment) Ordinance (XIII of 1962)], Ss. 5 & 7 Revision under subsection (2) of S. 20 of Displaced Persons (Com pensation and Rehabilitation) Act, 1958 pending prior to promulga tion of Displaced Persons (Compensation and Rehabilitation) (Amendment) Ordinance (11 of 1962)-Saved, and can be validly disposed of on merits by Chief Settlement Commissioner or his delegatee.   Displaced Persons (Compensation and Rehabilitation) -Act (XXVIII of 1958), Sched.-House in possession of two indirect claimants-One obtaining prior possession to be preferred for transfer of property.   Constitution of Pakistan (1962), Art. 98 New plea Ground not available at time of hearing in Courts below-Can be allowed to be raised in writ petition.   Ghulam Mohyuddin v. The Chief Settlement and Rehabilitation Commissioner P L D 1964 S C 829 distinguished.   Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2(4), first proviso-Power of Chief Settlement Commissioner or his delegatee to declare house divisible-Pre supposes existence of more than one residential unit-Neither Chief Settlement Commissioner nor his delegatee entitled to carve out portions out of one residential unit and then declare house to be divisible into more than one unit.   Before the Chief Settlement Commissioner or his delegatee could exercise his powers under the first proviso to subsection (4) of section 2 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 and order the transfer of a house as two residential units, it is necessary for him first to hold that there existed two residential units. Where, therefore, a delegatee of the Chief Settlement Commissioner did not hold that the house consisted of two residential units but by ordering some construc tion and alterations created two residential units and then directed that the house be transferred to the two parties, it was held that the…