| Citation(s) |
|---|
| 1982 SLG 429 1982 SLD 429 1982 SCMR 686 |
Supreme Court of Pakistan
Civil Appeals Nos. 3 and 46 of 1976, decision dated: 8-02-1982.(Against the orders of the Lahore High Court dated 22-2-1974 passed respectively in Writ Petitions Nos. 463-R of 1968 and 294-R of 1968)
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND SHAFIUR REHMAN, JJ
Muhammad Arif, Advocate Supreme Court and Masud Akhtar, Advocate-on-Record (Absent) for Appellant. K. H. Khurshid, Advocate Supreme Court and Sh. Abdul Karim, Advocate-on-Record (Absent) for
Respondent No. 2. Ch. Khalilur Rahman, Advocate Supreme Court
Civil Appeals Nos. 3 and 46 of 1976, decision dated: 8-02-1982.(Against the orders of the Lahore High Court dated 22-2-1974 passed respectively in Writ Petitions Nos. 463-R of 1968 and 294-R of 1968)
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND SHAFIUR REHMAN, JJ
Muhammad Arif, Advocate Supreme Court and Masud Akhtar, Advocate-on-Record (Absent) for Appellant. K. H. Khurshid, Advocate Supreme Court and Sh. Abdul Karim, Advocate-on-Record (Absent) for
Respondent No. 2. Ch. Khalilur Rahman, Advocate Supreme Court
Mst. IQBAL BEGUM
VS
THE CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER AND OTHERS UMAR DIN vs MUHAMMAD SIDDIQUE, ETC.
Law:
Section:
(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- S. 2(12), Second Proviso-Composite building-Transfer of-Powers of Chief Settlement Commissioner under Second Proviso to cl. 12 of S. 2 of Act XXVIII of 1958-Not limited to order that flat should either go with one shop on ground floor or with other due to its having all along been treated as integral part of building-No such limitation contained in law nor following by necessary implication either-Powers of Chief Settlement Commissioner, held, uncontrolled except by his own concept of what appears just, proper, and fair in a. given situation. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- ----S. 2(12), Second Proviso-Composite building-Transfer of Powers of Chief Settlement Commissioner.-Flat in dispute if assimilated to one of shops as a structural unit or as necessary for beneficial occupation or enjoyment of any of such shops, application of tests of prior allotment, prior possession, larger claim or better entitlement of contesting parties no more required-Chief Settlement Commissioner holding flat to be independent residential unit, not required to be transferred as an adjacent of any shops-Such re-examination in exercise of his own powers under Second Proviso delegated to subordinates never challenged-Held : Chief Settlement Commissioner possessed legal authority to interfere in exercise of powers by Settlement Commissioner under Second Proviso to cl. (12) of S. 2 of Act and his conclusion that flat required disposal as a residential unit independently of two shops not open to interference in constitutional jurisdiction as violating law or in excess of his jurisdiction-Constitution of Pakistan (1973), Art. 199. Civil Appeal No. 3 of 1976 JUDGMENT SHAFI-UR-REHMAN, J.-Leave to appeal was granted in these two civil appeals to examine the following questions of law :- "(i) Whether the instructions contained in Memorandum No. 59/5242 dated 22-10-1959 were not kept in view and applied while denying the transfer of the flat alongwith the shop to Mst. Iqbal Begum. (ii) Whether the denial of the transfer of a flat in addition to a shop to Mst. Iqbal…
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