Law:

Section:

Constitution of Pakistan (1973)--- Arts. 185(3) & 199-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10 & Sched., para. 24 read with Settlement Scheme No. VIII, paras. 2 & 3(a) -Property acquired by Central Government and not available for disposal-Settlement Authorities, after issuance of P. T. D., assuming jurisdiction to dispose of forms of respondents who could not have been transferred such property-High Court too not applying its mind to said aspect of case and erroneously holding that as object of acquisition was not fulfilled, transfer in favour of petitioner could not be justified-Notice for payment of price not given pursuant to pare: 2 of Scheme-Order of Additional Settlement Commissioner remanding case to Deputy Settlement Commissioner for consideration as to whether forms of respondents were pending-Held, without any merit in circumstances of case-Lapse on part of respondents to pursue matter pending since 1971 and allowing seven years to pass by-Held, itself a consideration disentitling their claim to be considered on merits ­Locus stand of petitioner to contest proceedings never challenged at any stage of proceedings-Petition for leave to appeal converted into appeal impugned orders set aside and writ re-called. Abdul Hameed v. Municipal Committee, Lyallpur P L D 1973 Lah. 339 and Mst. Rashda Parveen v. Deputy Settlement Commissioner (Plots) P L D 1982 Lah. 250 cited but not examined. Maulvi Sirajul Haq, Senior Advocate Supreme Court instructed by Samad Mahmud, Advocate-on-Record for Petitioner. Mian Nazir Akhtar, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate-on-Record for Respondents Nos. 2 to 5. Date of hearing: 29th January, 1984. JUDGMENT MUHAMMAD HALEEM, ACTG. C. J.---The petitioner herein was registered as a Society in 1954 under the Societies Registration Act with the object of opening and maintaining school and colleges in Pakistan. For this pur­pose, the Rawalpindi Cantonment Board applied to the Central Government on the 2nd of July, 1960, for the acquisition of property bearing No. 283-286 situate at Octroi Post No. 22, Rawalpindi for the petitioner. The Ministry of…

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