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

Section: Schedule,16

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Schedule, para. 13 read with Settlement Scheme No. VI, para. 1(3)-"Permanent building"-Definition .in Scheme No. VI not consistent with para. 13 of Schedule-Words in para. 13 presumed to be used in ordinary sense-Person raising permanent building on evacuee plot in his unauthorised possession-Entitled to transfer of such plot-Scheme cannot add any limitation to definition to deprive person of right-Para. 13 does not exclude cases of encroachment or persons who did not have house and were forced to occupy vacant sites and build pucca houses on them-Entitlement to transfer to be determined according to provisions of Schedule and not with reference to definition of "permanent building" in Scheme No. VI. JUDGMENT B. Z. KAIKAUS, J. This is an appeal by special leave against an order .of a learned Single Judge of the High Court of West Pakistan dismissing a writ petition challenging an order of the Settlement Authorities refusing to transfer an evacuee plot of land to the appellant. Adjacent to the house of Mst. Mahmooda Tahsin appellant on Mission Road, Lahore, is an evacuee plot which according to her own estimate is 10 marlas and 3 sqr. feet in area. She made a permanent construction on a part of this plot in the form of a garage and a room. The plot was being occupied by different persons and admittedly was not in her possession except to the extent of the construction she raised. She applied to the Settlement Authorities for the transfer of the whole plot contending that her construction on it covered more than the of the plot and there­fore she was entitled to the transfer of the plot in accordance with paragraph 13 of the Schedule to the Displaced Persons (Compensation and Rehabilitation) Act read with the definition of permanent building in Settlement Scheme No. VI. The relevant portion of para. 13 runs as below:- "(13) An evacuee building site which has been--- (3) in unauthorized possession of any person and that person has constructed a permanent building on it, than that site shall be transferred to that person on payment of the prevailing market value plus fifty per cent. of such…

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