Law: Pakistan Rehabilitation Ordinance (XIX of 1948)

Section: 8(2)(b)

Law: Government of India Act, 1935

Section: 223A

(a) Pakistan Rehabilitation Ordinance (XIX of 1948), S. 8 (2) (b)-Property required for public purpose-No ground f or ejectment or cancellation of allotment-Rehabilitation Authority restrained by writ of mandamus-Government of India Act, 1935, S. 223-A. Held, that allottee of premises does not become an unsuitable person within meaning of section 8 (2) (b), Pakistan Rehabilitation Ordinance (XIX of 1948) just because the premises in question are required for a public purpose. The unsuitability of an allottee must be determined with reference to his personal qualities and not with reference to the object for which the property allotted to him is required by the Rehabilitation Department. Further, that a Rehabilitation Authority is not em­powered to cancel an allotment on that ground in the absence of a notification by the Rehabilitation Commissioner in regard to it issued by virtue of powers delegated to him by the Custodian under section 14 (4), Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949). Therefore, the condition of allotment, vii., that the D. R. C. may cancel any allotment, if premises are required for a public purpose, embodied in Form of Allotment, given in Appendix V of the Manual of Instructions was ultra vices. The Rehabilitation Authority therefore could neither eject the allottee on the ground that premises were required for a public purpose, nor could an allotment be cancelled on this ground. The Authority was restrained by a writ of mandamus under section 223-A, Government of India Act, 1935. (b) Necessary parties-Order of ejectment issued by Deputy Rehabilitation Commissioner under instructions of Central and Provincial Governments-Contested by writ petition Central or Provincial Government not necessary party. The mere fact that the Deputy Rehabilitation Commis­sioner passed orders for ejectment of the petitioner at the instance of the Provincial or the Central Government, does not render it incumbent upon the petitioner to implead the said Governments as parties to the petition. (c) Government of India Act, 1935, S. 223-A-Jurisdiction to issue writs not conned to cases of judicial orders, or to cases where other remedy…

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