| Citation(s) |
|---|
| 1967 SLG 65 1967 SLD 65 1967 PLD 437 |
Supreme Court of Pakistan
Civil Appeal No. 84 of 1964, decision dated: 3rd May 1967. (On appeal from the order of the High Court of West Pakistan, Lahore, dated the 2nd October 1962, in Writ Petition No. 116/R of 1962).
S. A. RAHMAN, FAZLEAKBAR AND HAMOODUR RAHMAN, JJ
Fazal Mahmood, Advocate Supreme Court instructed by Muhammad Nazar Khan, Senior Attorney for Appellant. Rafiq Ahmed Khan Bangash, Advocate Supreme Court instructed by Ghulam Mohy-ud-Din, Attorney (Attorney absent) Nos. 3 to 7.
Civil Appeal No. 84 of 1964, decision dated: 3rd May 1967. (On appeal from the order of the High Court of West Pakistan, Lahore, dated the 2nd October 1962, in Writ Petition No. 116/R of 1962).
S. A. RAHMAN, FAZLEAKBAR AND HAMOODUR RAHMAN, JJ
Fazal Mahmood, Advocate Supreme Court instructed by Muhammad Nazar Khan, Senior Attorney for Appellant. Rafiq Ahmed Khan Bangash, Advocate Supreme Court instructed by Ghulam Mohy-ud-Din, Attorney (Attorney absent) Nos. 3 to 7.
ABDUL MAJID
VS
(1) CHIEF SETTLEMENT COMMISSIONER, (2) SETTLEMENT COMMISSIONER, LAHORE, AND (3) Mst. ALLAH RAKHI AND 4 OTHERS Ishaq Muhammad Khan, Settlement Commissioner (Legal) instructed by Mahboob Ahmad, Attorney Nos. 1 and 2.
Law:
Section:
(a) Constitution of Pakistan (1962), Art. 58(3) -Leave to appeal-Granted by Supreme Court to consider whether order of subordinate Settlement authority [under the Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)] made in exercise of delegated powers of Chief Settlement Commissioner is subject to appeal or revision. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVl11 of 1958), S. 2(4) proviso, read with S. 31(2)-Powers of declaring that house is divisible delegated by Chief Settlement Commissioner to Deputy Settlement Commissioner - Such power not exercised or declaration made by D. S. C. -Open to higher Settlement authorities to exercise such power or to snake such declaration-[Jalal Din v. Muhammad Rafiq P L D 1965 S C 261 and Muhammad Iqbal Khan v: Chief Settlement Commissioner P L D 1965 S C 404 ref.]. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXV111 of 1958), S. 2(12), proviso second-Premises consisting of both residential and business units - Chief Settlement Commissioner must, as a condition precedent to transfer of same, order which part of such premises is to be deemed to be residential unit and which business unit. (d) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2(4) proviso, read with S. 2(12) provisos first and second-Composite premises consisting of residential and business portions-Ascertainment of such separate portions under S. 2(12) second proviso-Settlement authority not debarred from "further" sub-division of such portions in terms of S. 2(4) proviso and of S. 2(12) first proviso - Words "shop", "house" used in S. 2(12) second proviso signify respectively a "business unit", and a "residential unit" - Powers under S. 2(4) and S. 2(12) not "mutually exclusive", nor are they exhausted by a single exercise of such power under either subsection-[ Muhammad Ismail v. Chief Settlement and Rehabilitation Commissioner P L D 1966 Lah. 326 considered and dissented from]. (e) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2(4), proviso - Grounds for dividing a house-Being a separate and self-contained portion there of Party himself…
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