Case Details

Citation(s)
1990 SLG 504 1990 SLD 504 1990 SCMR 239
Supreme Court of Pakistan
Civil Appeal No.502 of 1980, decision dated: 18-06-1989.
NASIM HASAN SHAH, SHAFIUR RAHMAN AND ALI HUSSAIN QAZILBASH, JJ
A. R. Sheikh, Senior Advocate Supreme Court and Tanveer Ahmad, Advocate-on-Record (absent) for Appellants. Ch. Hameedud Din, Senior Advocate Supreme Court and Ejaz Ahmad, Advocate-on-Record for
Respondent No. 2.

NIZAM DIN and another

VS

DEPUTY SETTLEMENT COMMISSIONER (LANDS), VEHARI and another

Law:

Section:

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)-----S.10---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine the validity of cancellation of allotments of lands to persons in the category of appellants in purported compliance of the revisional order passed by Rehabilitation Commissioner on 23-11-1956, notwithstanding decisions o(; the superior Courts with regard to its validity and efficacy. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)-- ---S.10---Constitution of Pakistan (1973), Art.185(3)---Allotments of land cancelled by general omnibus order of Rehabilitation Commissioner---Appellant being affected by such order successfully challenged the impugned order of cancellation---During the interregnum, portion of cancelled land had been allotted to respondent and finally confirmed---Appellants in their Constitutional petition had failed to implead respondent allottee---Effect---Rehabilitation Authority might be bound by the High Court's but private respondent, who had obtained the allotment at a time when appellants had no vested or enforceable right in that land, could not be made to suffer without being impleaded in the proceedings---Appellants having not impleaded respondent in whose favour allotment had already been made, could not bind him by a decision obtained in Constitutional petition, in his absence and without notice to him. Abdul Hafiz v. Rehabilitation Commissioner, West Pakistan and 4 others P L D 1966 S C 483 and Pir Bakhsh represented by his L. Rs. and others v. The Chairman, Allotment Committee and others P L D 1987 S C 145 ref. (c) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ---S.10---Constitution of Pakistan (1973), Art. 185(3)---High Court's view in accordance with law and based on facts not in dispute---Appeal dismissed. JUDGMENT SHAFIUR RAHMAN, J.--Leave to appeal was granted in this case and a number of other similar appeals to examine the validity of the cancellation of allotments of lands to persons in the category of the appellants in purported compliance of the revisional order passed by Mr. I.U. Khan, Rehabilitation Commissioner on 23-11-1956 notwithstanding…
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