Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: para. 24 --- Settlement Scheme No.1, para. 36 --- Settlement Scheme No.VIII, paras. 2 & 3-A

Law: Constitution of Pakistan, 1973

Section: 109

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)------- Sched., para. 24 --- Settlement Scheme No.1, para. 36 --- Settlement Scheme No.VIII, paras. 2 & 3-A --- Notice to defaulting transferees for payment of balance price before issuing process of. cancellation of transferred property, a prerequisite --- Para. 36 of Settlement Scheme No.1 and paras. 2 & 3-A of Settlement Scheme No.VIII, are in substance complement to para. 24 of the Schedule -to the Act XXVIII of 1958, casting pre-emptory duty on Settlement Authorities to issue notice to defaulting transferees for the purpose of making payment of balance of transfer price of property transferred to them; such provisions also conferred right upon the transferees to make the payment of price due against them and thus save themselves from the process of cancellation and eviction --- Provisions of para. 36, Settlement Scheme No.1, paras. 2 & 3-A, Settlement Scheme No.VIII and para. 24 of the Schedule of Act XXVIII of 1958, were entirely in line with the spirit of the Act (XXVIII of 1958) which intended to rehabilitate the people " and not to dislocate them--­ Settlement Authorities having failed to issue such notice to defaulting transferees had no jurisdiction to put the transferred property in auction­ --Order passed by Settlement Authorities in putting such property to auction without issuing 'notice to defaulting transferees and subsequent actions by the same were thus, coram non judice and nullity in the eye of law. [pp. 1351 1381 A& BAbdul Jabbar Khan and others v. Additional Settlement and Rehabilitation Commissioner FLD 1964 Kar. 365; Ali Muhammad v. Settlement Commission~r etc. PLD 1974 Note 14 at p.49; Muhammad Musa v. Settlement and Rehabilitation Commissionef and others 1974 SCMR 352; Kh. Bashir Ahmad v. Additional Settlement Commissioner 1991 SCMR 1604; Javed lqbal v. District Judge, Jhang PLD 1987 Lah. 9 and Khalil-ur-Rehman v. Lala Behrarn Das PLD 1963 Kar.234 ref. -Mst. Zarina Rauf Butt and others. v. Malik Aziz Ahmad and others PLD 1982 SC 272; Pakistan Post Office v. Settlement Commissioner and others 1987 SCMR 1119 ahd Mst. Noor Jehan Begurn v. Abdul…