| Citation(s) |
|---|
| 1987 SLG 526 1987 SLD 526 1987 SCMR 1432 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeals Nos. 390, 391, 392 and 393 of 1981, decided on 18th April, 1987. (On appeals from the judgment of the Lahore High Court, Bahawalpur Bench, Bahawalpur, dated 2711981 in Writ Petitions Nos. 217/11, 134/11, 135/11
MUHAMMAD AFZAL ZULLAH, ACTG. C.J., NASIM HASAN SHAH AND SAAD SAOOD, JAN, JJ
Maqbool Elahi Malik and M.M. Saeed Beg, Advocates Supreme Court instructed by Ijaz Ahmad Khan, Advocate-on-Record for Petitioners. (in C.P.S.L. As. Nos. 390, 391, 392 and 393 of 1981). Asghar Ali Bhali, Advocate Supreme Court for
Respondents (in C.P.S.L.
Civil Petition for Special Leave to Appeals Nos. 390, 391, 392 and 393 of 1981, decided on 18th April, 1987. (On appeals from the judgment of the Lahore High Court, Bahawalpur Bench, Bahawalpur, dated 2711981 in Writ Petitions Nos. 217/11, 134/11, 135/11
MUHAMMAD AFZAL ZULLAH, ACTG. C.J., NASIM HASAN SHAH AND SAAD SAOOD, JAN, JJ
Maqbool Elahi Malik and M.M. Saeed Beg, Advocates Supreme Court instructed by Ijaz Ahmad Khan, Advocate-on-Record for Petitioners. (in C.P.S.L. As. Nos. 390, 391, 392 and 393 of 1981). Asghar Ali Bhali, Advocate Supreme Court for
Respondents (in C.P.S.L.
THE PROVINCE OF THE PUNJAB and another
VS
RIAZ-UR-REHMAN and 5 others
Law:
Section:
Constitution of Pakistan (1973)-----Arts. 185(3) & 199--Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 10 & 11--Land Settlement--Evacuee land used for public purpose--Exercise of power by Settlement Commissioner--Interference by High Court in Writ Jurisdiction--- Transfer of evacuee land in favour of respondents--Cancelled by Settlement Commissioner--Challenged in writ jurisdiction--Order of cancellation declared by High Court to be without lawful authority--Leave to appeal granted to consider contentions raised on behalf of petitioner-Provincial Government (i) that land in dispute did not form part of Compensation Pool and could not be transferred to respondents; (ii) that High Court was not right in holding that no proceedings were pending at time of repeal of evacuee laws and that Settlement Commissioner had any bias in matter; and (iii) that it was not a fit case where High Court should have interfered with order of Settlement Commissioner as transfers obtained by respondents were illegal because property in dispute did not form part of compensation pool and was being used for a public purpose. JUDGMENT SAAD SAOOD JAN, J.-- These are four petitions for special leave to appeal by the Provincial Government from the judgment and orders dated 27-1-1981 of the Lahore High Court, Bahawalpur Bench, by which the order of the Settlement Commissioner cancelling the allotments of the respondents was declared to be without lawful authority. 2. The dispute in these petitions relates to 29 acres 2 kanals and 13 marlas of land situate in the revenue estate of Rahimyar Khan. This land was formerly evacuee property. Its possession was taken over by the Provincial Government in January 1958 for setting up a village aid training institute. On a request made in this behalf, the Central Government by its letter dated 6-3-1958 accorded its approval under section 16 (3) (b) of the Pakistan (Administration of Evacuee Property) Ordinance, 1957 to the acquisition of the said land by the Provincial Government on the conditions that fair compensations would be assessed in consultation with Custodian of Evacuee Property and that the displaced persons, if any,…
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