Case Details

Citation(s)
1987 SLG 1485 1987 SLD 1485 1987 SCMR 562
Supreme Court of Pakistan

ASLAM RIAZ HUSSAIN AND SAAD SAOOD, JAN, JJ

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Law:

Section:

1987 SCMR 562 Present: Aslam Riaz Hussain and Saad Saood Jan, JJ Mst. HASHMAT BIBI--Petitioner Vs MUHAMMAD IBRAHIM alias CHOTTA and others--Respondents Civil Petition for Special Leave to Appeal No. 838 of 1986, decided on 7th January, 1987. (On appeal from the and Order of the Lahore High Court, Lahore, dated 16-6-1986 in Writ Petition No. 526-R of 1981 and dated 30-6-1986 in Review Application No. 55 of 1986. (a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ---S. 10--Constitution of Pakistan (1973), Art. 199--Transfer of evacuee property--Demarcation of--Finding of fact by Settlement authorities ought not to be lightly interfered with in writ jurisdiction--Order of High Court, held, was not sustainable. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- ---Ss. 10 & 11--Constitution of Pakistan (1973), Art.199--Evacuee property, transfer of--Demarcation made by Settlement authorities and consequent allotment challenged in constitutional jurisdiction--Finding of fact by Settlement authorities--High Court, held, rightly declined to interfere in matter. Dr. A. Basit, Advocate Supreme Court and M.A. Zafar, Advocate Supreme Court with Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioner. Mushtaq Ahmad, Advocate-on-Record for Respondents Nos. 1 and 2. Nemo for Respondents Nos. 3 to 7. Date of hearing: 17th December, 1986. JUDGMENT SAAD SAOOD JAN, J.--These are three petitions for special leave to appeal. They arise in the following circumstances: 2. There is a largish evacuee building consisting of 37 rooms situate in Gujranwala City. On the eve of Independence it was being used as hostel for the King George Hindu High School. Soon after Independence it was occupied by about 40 displaced families. Some of them raised their own structures on the vacant land available in the premises. When the settlement operations started, only 12 families applied for the transfer of different portions of the building. However, the Settlement authorities rejected their forms on the ground that the building was a trust property. A local organization known as Anjuman-e-Islamia applied for the transfer of the building…
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