Law: Pakistan Rehabilitation Ordinance, (XLII of 1956)

Section: 7,7 (2) (b)

Law: Constitution of Pakistan, 1973

Section: 170

(a) Pakistan Rehabilitation Act (XVII of 1956)---------S. 7-Confers power of ejectment on any Rehabilitation Authority.(b) Pakistan Rehabilitation Act (XVII of 1956)------------S. 7 (2) (b)--Ejectment-Notice necessary in all three categories of persons mentioned in cl. (b)-Pakistan Rehabilitation Rules, 1951, R. 6 (a)`Unauthorised person" means person liable to be ejected under any category-Notice mandatory-Ground of ejectment to be stated in notice-Notice necessary in interest of justice even if not provided by Rules-Ejectment order without notice set aside in writ proceedings-Constitution of Pakistan; Art.  .Held that the expression "unauthorised person" in R. 6 (a), Pakistan Rehabilitation Rules, 1951 bearing on ejectments under S. 7 (2) (b), Pakistan Rehabilitation Act (XVII of 1956), was intended to cover all the categories of persons which can be ejected under section 7 (2) (b). There seems to be no valid reason or principle for giving notice of proposed ejectment to "unauthorised persons" only and for depriving the other categories `'of persons to be ejected of the benefit of notice.In the opinion of `the framers of the rule all those persons who could be ejected under section 7 (2) (b) were "unauthorised persons" inasmuch as their position ceased to be "authorised" as soon as they failed to observe any of the conditions of allot�ment, or subsequently became unsuitable persons to hold the property, or the property itself ceased to be evacuee property and, therefore, unretainable by an allottee under the Evacuee Property laws.Further that setting out the ground of ejectment in the notice is implicit in the rule. Even if provisions of notice in R. 6 were inapplicable to categories other than "unauthorised", notice is necessary in the interest of justice. A writ of certiorari issues when such an opportunity is denied.Where notice is required, not by law, but only by rules of natural justice it is not necessary that it should be given in any particular form or manner, so long as a person had had, some�how, sufficient opportunity to meet the case against him. Zahiruddin v. Rehabilitation Commissioner P L D 1956 Lah. 1090…