Case Details

Citation(s)
1989 SLG 948 1989 SLD 948 1989 PLD 580
Supreme Court of Pakistan
Civil Appeal No.131 of 1980, decision dated: 14-02-1989.
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN AND USMAN ALI SHAH, JJ
Raja 1. Anwar, Senior Advocate Supreme Court, Ch. Chazanfar Ali. Advocate Supreme Court and Rana M.A. Qadri, Advocate-on-Record (absent) for Appellant. Khan Imtiaz M. Khan, Advocate Supreme Court Nos. 1 to 5. Samad Mahmood, Advocate Supreme Court and Ch

VS

SETTLEMENT COMMISSIONER (INDUSTRIES), LAHORE and others

Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-----Sched. & Ss. 2(13) & 10--Settlement Scheme (Revised) No. VII-­Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted to consider firstly, whether the petitioner had locus standi for the transfer of the house; secondly, whether the Settlement Authorities could exercise jurisdiction over a property which was not within the urban area as notified in 1947 and to transfer it to respondent, and, thirdly, whether respondent had any entitlement under the law for the transfer of the property. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- ---Sched.--Transfer of property emerged from entitlement created by High Court by its observation which had no legal validity as it was not in accordance with the Schedule to the Act--Such entitlement, held, could not be given effect to and no vested right had thus accrued to respondent. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ---S. 2(13)--Settlement Scheme (Revised) No.VII--Term "extended area"--Meaning--Land on which house was situated was included for the first time within the Municipal limits on 16-4-1966; and in regard to the disposal of said house Settlement Authorities had no jurisdiction for its disposal as it was not within the urban limits as on 14-8-1947 within the meaning of S.2(13)--Petitioner was in the occupation of the property since 1947 and he had applied for its transfer on an LH Form in 1966--Settlement Authority thus could not consider the entitlement of petitioner for transfer of the said property.--[Words and phrases]. JUDGMENT MUHAMMAD HALEEM, C.J.--Leave was granted to consider: firstly, whether the appellant had locus standi for the transfer of 1 the house; secondly, whether the Settlement Authorities could exercise A jurisdiction over a property which is not within the urban area as notified in 1947 and to transfer it to Saleh Ahmad; and, thirdly, I whether Saleh Ahmad had any entitlement under the law for the transfer of the property. The House No.P/272 in dispute is situate in Partap Nagar, Lyallpur City. On 14th of August, 1947,…
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