Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-------S. 10---Constitution of Pakistan (1973), Art. 185(3)---Allotment of property-­Transfer of annexe with outhouses etc. as a `house' in favour of respondent--­Legality of transfer---Settlement Authority in revisional order, found that respondent was entitled to the annexe etc. with three times of the plinth area in his possession---Such order having been rightly passed, to that extent petitioner would have no claim thereto, whatever the nature of Form filed on her behalf because that was the entitlement of respondent---Petitioner would be entitled to the area under her construction in case any excess area was found- --Settlement Authority's order in revision was perfectly legal and called for no interference--­Petition dismissed. ORDER ABDUL SHAKURUL SALAM, J: --In pursuance of the remand order passed on the writ petition filed by the petitioner's husband bearing No. 839­R/1968, the Deputy Settlement Commissioner took up the matter of transfer. He declined transfer on his NCH form on the ground that the property in dispute already stood transferred as a house to the respondent. This is vide order dated 5-9-1970. On revision, the Additional Settlement Commissioner, held vide his order dated 17-8-1973 that "I see no justification in interfering with the matter as the petitioner has voluntarily withdrawn his application under Settlement Scheme No. VI. As for the rejection of NCH form it was rightly rejected by the learned DSC and ample reasons are given for the same. However, one aspect of the case is still left undecided that the respondent will only be eligible to have three times of the plinth area in his possession. 1n case, excess land is available for disposal it will have to be disposed of according to amended law. The learned Deputy Settlement Commissioner will take physical measurement of the whole property and will declare after hearing all the occupants in the property in question about the excess area available for disposal according to law. If after proportionate allowance of three times of plinth area to the transferees of the…

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