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

Section: 10

Law: Constitution of Pakistan, 1962

Section: 98

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---S 10 and Sch. Part 1 & II-Houses or shops converted into hotels or restaurants by person in possession Instructions regarding disposal of such property contained in Chief Settlement Commissioners' Press Note dated 3-5-60-Directory and not mandatory-Cases of such property already disposed of in other manners in accordance with law-Cannot be re-opened-Failure of Settlement Authority to transfer property in accordance with instructions contained in Press Note dated 3-5-60-Does not amount to illegality-Provisions of Art. 98, Constitution of Pakistan (1962)-Cannot be invoked in such cases-Constitution of Pakistan (1962), Art. 98.   An evacuee property in possession of a local was converted by him into a hotel. This property was subsequently auctioned by the Settlement Authority and was transferred to the highest bidder. The person in possession of the property filed a writ petition in the High Court and claimed that the property having been determined to be a hotel should have been transferred to him under the instructions contained in the Press Note dated i 30-5-60 issued by the Chief Settlement Commissioner:   Held, the instructions contained in the Press Note dated 3-5-60 and appearing at pages 139, 140 and 141 of the Settlement Manual (1960 Edition) are directory and discretionary and not mandatory. It is discretionary with the Settlement Authorities to transfer a house or a shop which has been converted into a hotel or restaurant to the person in possession. Where the property has already been disposed of in some other manner in accordance with law the case will not be reopened so as to give effect to the instruction contained in the Press Note. Further the Chief Settlement Commissioner while issuing the Press Note at best could be deemed to have acted under section 10 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958. This provision of law, by the amendment introduced in 1962 no longer exists. The pending proceedings have also not been saved and as such even if the instruction could be held to be mandatory the property after the amendment of section…