Law:

Section:

(a) Constitution of Pakistan (1973)--Art.185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.2(4)--Chief Settlement Commissioner's Instruction No.4952-PI-Reh/60, dated 12-7-1960--Property situated in Cantonment--- Leave to appeal granted to consider contentions (i) that decision of High Court slicing away part of plot on which bungalow stood was violative of relevant law; (ii) that there being no prayer for slicing area nor any such question having arisen from writ petition, High Court had acted suo motu in giving its decision but had done so without notice and without impleading Military Lands and Cantonment Authorities. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ---S.2(4)--Chief Settlement Commissioner's Instruction No.4952-Pl­Reh/60, dated 12-7-1960--Property in Cantonment area--House-­Definition--Excess area--Chief Settlement Commissioner may in his discretion decide not to exclude entire excess area but only a part thereof--Extent of such part not prescribed but left to discretion of Chief Settlement Commissioner--Instruction No.4952-Pl--Reli/60, dated 12-7-1960 in respect of property in Cantonment area is nothing but a manifestation of exercise of discretion--Such instruction cannot override statute or be in excess of powers under that Statute--Slicing away part of grounds in a property situate within Cantonment limits was not permissible. (c) Constitution of Pakistan (1962)-- ---Art. 98--Res judicata--Property having been transferred and a P. T. D. issued--Plea not taken in earlier writ petition--Orders passed by lower Court had also acquired finality having not been challenged--Such plea, held, had become barred in any subsequent proceedings on principle constructive res judicata--Person taking such plea, therefore, lost right to seek remedy on such plea in his favour in circumstances.-­ JUDGMENT M.S.H.QURAISHI, J.--The dispute in this Settlement matter relates to the transfer of bungalow No.92, Dharamsala Road, Lahore Cantonment, comprising an area of 2,203 acres. It was first transferred to one Col. Ansari but the transfer was cancelled in the result of information furnished by Mst.…

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