Law:

Section:

Settlement of Immovable Property Disputes (Dir and Swat) Regulation, 1972 [M.L.R.123]--Chairman and Members of Federal Land Commission (Validation of Orders) Ordinance (XXII of 1981), S.2---Constitution of Pakistan (1973), Art.185(3)--­Leave to appeal was granted condoning the delay in filing it to examine whether the Chairman and/or the Member of the Federal Land Commission could singly decide the matter and what was the effect of non-extension of the provisions of the Ordinance to the Provincially Administered Tribal Areas from where the dispute between the parties had arisen. (b) Settlement of Immovable Property Disputes (Dir and Swat) Regulation, 1972 [M.L.R.123]-- ----Chairman and Members of Federal Land Commission (Validation-of Orders) Ordinance (XXII of 1981), S.2---Object and scope---When conferment of power is by enumeration or designation of the officers or posts, such authorisation has to be read distributively unless intention. to the contrary appears---Chairman and/or Member of Federal Land Commission thus could singly decide the matter. The fact, however remains that whenever the conferment of power is by enumeration or designation of the officers or posts, such authorisation has to be read distributively unless intention to the contrary appears. Instead of Chairman and Member, it could provide the District Judge and the Additional District Judge and nobody would contend that they have to function jointly and not individually. Secondly, if it were intended to confer the power to be exercised jointly, then more legalistic and accurate expression was available to the legislature and that was of using the expression Commission" instead of the Chairman and the Members. These two rules of interpretation. clearly indicate that the conclusion drawn by the High Court in Ashiq Ali Mazari's case PLD 1977 Lah. 461 was not correct. Sardar Ashiq Muhammad Khan Mazari and 3 others v. Chairman, Federal Land Commission and 4 others PLD 1977 Lah. 461 not correctly decided. (c) Chairman and Members of Federal Land Commission (Validation of Orders) Ordinance (XXII of 1981)-- S2 --- Constitution of Pakistan (1973), Art. 247---Extension of Ordinance XXII of 1981 which…

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