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

Section: 31(3),1(4)

Law: Constitution of Pakistan, 1962

Section: 98

  (a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---   ------ S. 31(3)-Settlement Commissioner can review or revise order passed by any of delegatees.   (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---   ------ S. 1(4) read with Memo. dated 11-10-1959 -Premises consisting of business unit and residential shop above it in predominantly commercial area-To be treated as shop and whole building to be transferred as shop.   (c) Constitution of Pakistan (1962)----   ----- Art. 98-Writ-Findings in conflict with Settlement Law-Court has jurisdiction to entertain petition for writ.   Pakistan Tobacco Co. v. The K. M. C. P L D 1964 Kar. 468 ref.   Date of hearing: 1st November 1965.   JUDGMENT   This writ petition is directed against the order of the learned Settlement and Reh4bilitaticn Commissioner, Karachi, Hyderabad and Khairpur Division dated the 29th of September 1962.   The brief facts are that the dispute premises C. S. No. D-1630/31 situated on StationRoad, Sukkur, consists of two tenements, a shop on the ground floor and residential premises above it. The entire premises were allotted to the petitioner on 17-4-1949. The ground floor premises were in the occupation of one Abdul Aziz who is not a party to these proceedings. The petitioner filed an NCH form and Abdul Aziz an NCS form in respect of the premises in their occupation. On the 27th of August 1960, the Deputy Settlement Commissioner held Abdul Aziz to be a local and, therefore, not entitled to the property. He ordered the transfer of the entire premises to the petitioner "whose NCH form may be treated as NCH form" on an appeal filed by Abdul Aziz. The learned Additional Settlement Commissioner on the 12th of November 1950, held that the property was situated in a predominantly commercial area and that Abdul Aziz's case was not considered on the plea that he was a displaced person, and if the Deputy Settlement Commis sioner was convinced that it was a commercial area, he should have transferred the house to the petitioner Abdul Ghani and the shop should have been put to auction.…