Law: Constitution of Pakistan, 1973

Section: 226

ACT: Evacuee Property-Inclusion in compensation Pool -Effect-Power of Central Government-Administrationof Evacuee Property (Central) Rules,r. 14 (6)-Administration of Evacuee Property Act, 1950-The displace persons (Compensation and Rehabilitation) Act, (XLIVof 1954), ss. 12, 14, 16 and 19. HEADNOTE: The appellants migrated to India in 1947 from West Pakistan.To begin with, they were given temporary allotment of land in two villages. In 1949, land was allotted to them on quasi-permanent basis, and they have remained in possession of the same eversince. Originally, land wasclassified into two kinds: urban and agricultural land. Later on, a third classification was introduced, known as sub-urban land. The two villages in which land was allotted to the appellants were not included in thenotification with respect to sub-urban land. In February, 1952, the Directorof Rehabilitation passed and order declaring those villages as sub-urban land. The result of the order was that the allotment made tothe appellantswas tobe reduced. The appellants went in revision to the Custodian General, and their revision petitions were dismissed on the ground that the view of Rule 14(6)(iii)(d) of the Rule it was open to the Central Government by a special order to direct cancellation or variation of the allotment made in favourof the appellants,and the Central Government has on the representation of the Punjab Government agreed to declare the two villages in question as sub-urban by its order dated October 11, 1955. The appellants filed a writ petition in the High Court but that was dismissed summarily. The have come in appeal to this Court by special leave. Held, that when the notification of March 24, 1955, was made under s. 12 of the placed Persons Compensation and Rehabilitation) Act, 1954, the evacuee property in those villages ceased to be evacuee property and became a part of the compensation pool. That property could onlybe dealt with under the Act of 1954. If any variation or cancellation of allotment was to he made that could be done only under the provisions of s. 19 of Actof 1954. There was no power left in the Central Government to act under Rule 14(6)(iii)(d) of theRules…

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