| Citation(s) |
|---|
| 1986 SLG 652 1986 SLD 652 1986 SCMR 863 |
Supreme Court of Pakistan
Civil Appeals Nos. 26 of 1976 and 44 of 1973 decided on26-02-1986. (On appeal from the judgment and order of theLahore High Court, dated 5-5-1972, in W. P. 1301-R/66 and L.P. A. 513/ 67, dated 3-2-1972).
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA AND MIAN BURHANUDDIN KHAN, JJ
Civil Appeals Nos. 26 of 1976 and 44 of 1973 decided on26-02-1986. (On appeal from the judgment and order of theLahore High Court, dated 5-5-1972, in W. P. 1301-R/66 and L.P. A. 513/ 67, dated 3-2-1972).
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA AND MIAN BURHANUDDIN KHAN, JJ
Sayyed MUHAMMAD ALI SHAH-vsADDITIONAL SETTLEMENT COMMISSIONER/COLONIZATION OFFICER, THAL PROJECT, DISTRICT SAHIWAL AND others
Law:
Section:
Displaced Persons (Land Settlement) Act (XLVII of 1958)--- S. 12(6)-Thal Development Authority Act (XV of 1949), S. 36(1)-Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949), S. 12(3)(b)-Acquisition of evacuee land by Provincial Government under Thai Development Authority Act, 1949-Central Government was at relevant time, competent to sanction acquisition of such property-Withdrawal of such sanction for acquisition by Chief Settlement Commissioner-Property having been sanctioned by Central Government to be acquired by Provincial Government, held, would not form part of compensation pool and be subject to jurisdiction of Chief Settlement Commissioner Withdrawal of, sanction by Chief Settlement Commissioner, therefore, had no effect on prior sanction accorded by Central Government by which status of property was changed from evacuee to non-evacuee property vesting in Thai Development Authority. Civil Appeal No. 26 of 1976 Ch. Muhammad Anwar Buttar, Senior Advocate Supreme Court and Rana Maqbool Ahmad Qadiri, Advocate-on-Record for Appellant. Iftikhar Ali Shaikh, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Respondents. Civil Appeal No. 44 of 1973 Iftikhar Ali Shaikh, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Appellant. Ch. Muhammad Anwar Buttar Senior, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Respondent No. 2. Mian Nusratullah, Senior Advocate Supreme Court with Rao M. Yousuf Khan, Advocate-on-Record for Respondents Nos. 1 and 3. Date of hearing : 10th November, 1985. JUDGMFNT ZAFFAR HUSSAIN MIRZA, J.-These two appeals were heard together as they arise out of the same judgment of Lahore High Court, dated 5th May, 1972, and will accordingly be governed by this common judgment. 2. Sayyed Muhammad Ali Shah, appellant in Civil Appeal No. 26 of 11973, was the owner of land within the boundaries of old villages known as Mauza Aulakh Thal Kalan and Naushera Thal Kalan of Tehsil Leiah, District Muzaffargarh. It seems the Thal Development Authority acquired some land in this area under the provisions of Punjab Thal Development Act, 1949. The Authority under the aforesaid Act…
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