Law: Constitution of Pakistan, 1962

Section: 98

Law: Rehabilitation Resettlement Scheme, Punjab

Section: 29

Constitution of Pakistan (1962), Art. 98-Writ juris diction-Natural justice, rules of-Supposed to be implied, even where statute does not provide for a right of audience-Statute not prescribing a different rule-Rule of natural justice to be followed.   Held, that there was no quarrel with the proposition that even though the statute under which the action was being taken by the authorities concerned might be silent on the subject of giving an audience, but in spite of that, the rules of natural justice are to be implied in that statute. The Legislature knows the rules of natural justice and where it does not prescribe any rule different from the rules of natural justice, it means that the Office rules of natural justice are to be followed. In a case, however, where a rule different from the rules of natural justice has been prescribed by the Legislature, then, the said rule as prescribed by the Legislature should be followed.   Rehabilitation Re-settlement Scheme (Punjab), para. 29 read with paras. 61, 61-A & 62 and with r. 8 (c), Punjab Refugees (Registration of Land Claims) Rules, 1949-Fard haqiyat of claimant reduced on re-verification by O. S. D.. Central Record Claimant may file objections with Rehabilitation Officers at District level-Writ petition filed under Art. 98, Constitution of Pakistan (1962) in High Court against O. S. D. held "misconceived" and "premature"-O. S. D. mere reporting agency, not a Court or quasi judicial authority. 0   Held, that all objections to the verification of claims are to be made on the District level.   An enquiry is to be held at District level and not before the O. S: D., Central Record Office. If a person feels aggrieved from the report or the verification or re-verification made by the Central Record Office, he can raise whatever objections he might like to do before the District Settlement and Rehabilitation 'Officers who are really to give effect to the report of the Central Record Office. They will have the jurisdiction to go into those objections and assess them in the light of the reply received from the Central Record Office for the purpose of arriving at a correct…