Law:

Section:

(a) Constitution of Pakistan (1962)-----Art. 98 Laches-Mere delay though by itself not sufficient for non-suiting party yet if accompanied by negligence in pursuing remedy it could be good ground for denial of extraordinary remedy. It is true that mere delay is not by itself a sufficient ground for non-suiting a party in a proceeding of this nature but where the delay is accompanied by such circumstances as indicate a clear negligence on the part of the applicant to pursue his remedy with due diligence or conscious acquiescence in the adverse order made against him, then that would be a very good ground for denying this extraordinary remedy. The law assists those who are vigilant about their rights and not those who sleep over them. (b) Settlement Scheme No. VI- ---Transfer of vacant plot ­Rule laid down in P L D 1965 S C 618 not applicable retros­pectively. Mst. Mahmooda Tahsin v. S. Ijaz Hussain Shah, Settlement and Rehabilitation Commissioner and others P L D 1965 S C 618 ref. JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioners claiming that they were allottees in possession of a vacant plot of land bearing Khasra No. 3961 on Nasiruddin Road, Lahore, applied for its transfer under Scheme No. VI, on the ground that they have set up a pakka construction thereon wherein a fuel stall was being carried on. The Additional Settlement Commissioner, on the 3rd February 1962, transferred the plot to one Mst. Afroza Begum without ever summoning the petitioners. The said Mst. Afroza Begum was a Manager of a school being carried on in an adjoining premises. She wanted the plot as a playground for this school. The petitioners coming to know of this order appealed against it to the Settlement and Rehabilitation Commissioner, Lahore. The latter called for a report from the Deputy Settlement Commissioner who after personally inspecting the premises reported that the construction alleged to have been raised did not cover 1/4th area of the plot. Furthermore that the alleged construction is not similar in nature to the other constructions in the locality. This fact also found support from a report of the Patwari, submitted on the 17th August 1960. On these grounds the learned…

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