Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---Sched., Part I read with Permanent Transfer (Houses and Shops) Rules, 1961, ff. 6 & 7-Petitioners themselves approaching Settlement authorities visiting them to declare parts of roof on shops being included in transfer made to them-Settlement authorities after spot inspection clarifying position-Clarification having been invited by petitioners themselves, held, they could not challenge authority of Settlement authorities in such regard. Abdul Ghani v. Nazir Ahmad 1976 S C M R 493 ref. ORDER NASIM HASAN SHAH, J.--This petition is directed against the judgment dated 17-11-1975 passed by a learned Single Judge of the Lahore High Court in Writ Petition No. 1210-R of 1975. The facts briefly are that Property No. SE-6-R-169, Dharampura, Lahore, is a composite property. It consists of three shops in front and a residential portion on the back. There is no construction on the roof either of the shops or the residential portion. However, the occupants of the house are using the latrines which are located on the portion of the roof situated above the shop portion of the building. The staircase also opens on the portion of the roof which falls on the top of the shops. The predecessor-in-interest of the petitioners was transferred the residen­tial portion by order of the Deputy Settlement Commissioner dated 4-8-1960 while the shops were transferred to the respondents. The P. T. D. was issued to the respective parties thereafter. It is submitted before us that in July, 1969, the petitioners wanted to raise certain constructions on the portion of the roof falling on the top of the shops whereupon the Municipal authorities required the petitioners to obtain a No-Objection Certificate from the Settlement authorities. On this being solicited the Deputy Settle­ment Commissioner, who dealt with the matter, held that the respondents were entitled to the ownership of the portion of the roof falling on the top of the shops "which they had every right to utilize in the manner they liked and no one could encroach over it". He, therefore, held that the transferee of the house had no right to use the portion…

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