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

Section: 2(4)

Law: Laws (Continuance in Force) Order (Post-Proclamation No. 1 of 1958)

Section: 2(4)

Law: Constitution of Pakistan (1956)

Section: 170

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2(4), Sched., para. 1-House to be treated as one unit unless otherwise ordered by Chief Settlement Commissioner-One room in occupation of "local", while other part of house in possession of claimant-Room. not declared as separate unit-Claimant entitled to entire house.   According to the definition of "house" given in the Displaced Persons (Compensation and Rehabilitation) Act, 1958, an evacuee house is ordinarily to be treated as one unit unless it is otherwise ordered by the Chief Settlement Commissioner. Therefore, unless the Settlement Authorities below the Chief Settlement Commis sioner, in the exercise of their delegated authority, pronounced the room in occupation of the respondent, who is beyond all question a local, to be an independent residential unit, it would remain a part of that house, and under proviso to para. 1 of the Schedule to the Displaced Persons (Compensation and Rehabilitation) Act, 1958, a claimant who is in possession of a part of this house should be transferred the entire house.   According to sub-para. (iv) of para. 3 of the Press note, dated the 3rd of May 1960, a house or a shop converted into an industrial concern which has not been allotted by the Industries Rehabilitation Board may be disposed of as an industrial concern under sub-para. (iii) of para. 15 of the Schedule to the Displaced Persons (Compensation and Rehabili tation) Act, 1958, but the, essential pre-requisite for such a disposal is the property's being a house or a shop. Unless, therefore, the room in occupation of the respondent was pro nounced by any of the Settlement Authorities to be an independent house in its own right and not only a part of the house, it could not be transferred to a person other than the claimant of the house who was in occupation of it or a part thereof. Besides, from the Press note published on pages 547 and 548 of the new Manual of Settlement Law and Procedure, it is clear that in order to obtain transfer of an industrial concern an application has to be made on a particular form relating to the transfer of industrial…