Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)----Sched., para. 13--Settlement Scheme No. VI--Constitution of Pakistan (1973), Art. 185 (3)--Leave to appeal granted to consider question whether entitlement of appellant for transfer of building site could only be determined with reference to para. 13 of the Sched., or should it further conform to the condition in the Settlement Scheme No. VI, that the built-up area should be 1/4th of the size of the plot. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- ---Sched., para. 13--Settlement Scheme No. VI--"Permanent building"-­Definition--Person in possession of a plot who had raised a Pacca construction thereon applied for its transfer under Settlement Scheme No.VI as a "building site"--Entitlement of such person to be determined in accordance with para. 13 of the Sched. to the Act without reference to the definition of "permanent building" as given in Settlement Scheme No.VI--Provisions of the Act prevail over the Settlement Scheme and no limitation, therefore, could be read into the provisions of the Act. The appellant was in an unauthorised possession of the plot, and had raised a Pacca construction about which he has stated in the form for the transfer of the building site. Equally the type of the structure was described in the "Survey of Evacuee Building/Sites and Plots" as Pacca and the measurement of the rooms was shown as 17 x 12 and 19 x 12 although in the application for the transfer of the building site the measurements were given as 9 x 13 and 11 ¼ x 16. The inspection report of the Settlement Inspector did not disclose the nature of the construction and all that was stated was that the covered area of the construction was 1/6th of the total area, and, therefore, it was not transferable under the Scheme. The Deputy Settlement Commissioner not only gave that reason but also stated, while rejecting the form, that it did not conform to the legal requirement as to the nature of the material used in the construction in the vicinity. This was not a valid determination in accordance with para. 13 of the Schedule as neither of the considerations, taken…

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