Law:

Section:

(a) Scheme for the Management and Disposal of Available Urban Properties- --- Para. 3-Provisional Constitution Order (l of 1981), Art. 9-Application under Scheme--Limitation-Contention that no limitation date could be prescribed for submission of such application under para. 3 of Scheme, repelled-Property standing already transferred and application being belated can be rejected-Scheme applicable to such properties as not already standing transferred-Refusal to condone delay or to entertain application when property in dispute already stood transferred and final transfer order issued, held, unexceptionable. Ch. Altaf Hussain v. The Chief Settlement Commissioner, Pakistan, Lahore and 2 others P L D 1965 S C 68 ref. (b) Scheme for the Management and Disposal of Available Urban Properties- --- Para. 3-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10-Application for condoning delay and entertainment of such application-Administrator' Residual Property, held, competent. to enter into merits of case while considering request to condone delay and to entertain application on ground that property already stood disposed of and whether in such circumstances delay could be condoned-Jurisdiction of Administration inherent-Application for condonation of delay and entertaining application for transfer of property cannot turn round and be heard against his own conduct. Ghulam Mohi-ud-Din P L D 1974 S C 829 rel. (c) Scheme for the Management and Disposal of Available Urban Properties- Para. 3-Locus poenitentiae-Property already standing - transferred to person whose entitlement not subject to attack by virtue of Scheme- Review application before Administrator Residual Property not competent-Power of review, held, had to. be specifically conferred and cannot be conceded as being inherent in Administrator Residual Property.-[Review]. Pakistan v. Muhammad Hamiyatullah Farukhi P L D 1969 S C 407 and Muzaffar All v. Muhammad Shafi P L D 1981 S C 91 rel. (d) Scheme for the Management and Disposal of Available Urban Properties- - Para. 3-Provisional Constitution Order (I of 1981), Art. 9-Contention that High Court ought to have taken note of report of…

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