Law:

Section:

(a) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 2 (2)---Constitution of Pakistan (1973), Art. 199---Order passed by Settlement Commissioner after repeal of evacuee laws---Validity---Pending proceedings had to be disposed of by Notified Officer after repeal of evacuee laws---Impugned order passed by Settlement Commissioner on 14-6-1979 i.e. after the repeal of evacuee laws, was declared for be without lawful authority and of no legal effect---Any payment made by a claimant in accordance with such impugned order would create no right in favour of person making the same. (b) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- , ----S. 2(2)---Pending proceedings---Such proceedings were to be disposed of by Notified Officer---Impugned order passed by Settlement Commissioner being without jurisdiction, proceedings were deemed to be still pending and directed to be disposed of by Notified Officer. JUDGMENT Necessary facts for disposal of this Constitution petition are that the dispute pertaining to the allotment of the land in question was agitated by filing a revision petition before the Settlement Commissioner who vide order dated 24-4-1972, accepted the revision petition, set aside the impugned order of Additional Settlement Commissioner dated 22-9-1970 and remanded the case to him for fresh decision after hearing all the parties. The remand matter was then taken up by the Additional Settlement Commissioner/Deputy Commissioner, Gujranwala, who after hearing the parties vide order dated 10-4-1974 further remanded the matter to Deputy Settlement Commissioner, Hafizabad, for holding fresh inquiry. The matter was, however, again taken up by Mr. M. Anis Nagi, Settlement Commissioner (Land) with powers of the Chief Settlement Commissioner, Lahore. The petitioners raised an objection to assumption of jurisdiction by the said Settlement Commissioner on the plea that his predecessor vide order dated 24-4-1972 had remanded the case and as such the same matter cannot be heard and disposed of by him. This objection was repelled by the Settlement Commissioner observing that though the Settlement Commissioner vide order…

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