Law:

Section:

Registration of Claims (Displaced Persons) Act (III of 1956) and Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)------Compensation Book, issue of duplicate ­Person, having lost original, entitled to receive a duplicate book if conditions prescribed by Memo. No. 7223-Comp-Reh-59, dated 16-11-59 satisfied. In the absence of any provision either in the relevant statutes or in the rules framed there under, prohibiting the Department from issuing a duplicate Compensation Book where the original is lost, the Department cannot deprive a claimant of the verified amount of his claim merely by refusing to issue a duplicate Compensation Book. No such power can be spelled out from the provisions of the relevant statutes. Indeed the Department itself has issued instructions by its Memorandum No. 7223-Comp­Reh-59, dated the 16th November 1959, for the issuance of duplicate Compensation Books in the circumstances therein mentioned. If the Department is of the impression that there is no duty cast upon it by these instructions, then it is under a grievous misconception. It cannot merely on the ground of alleged inconvenience oar difficulty in maintaining proper records absolve itself of this duty. If the applicant for duplicate has satisfied the conditions prescribed in the instructions then the Deputy Settlement Commissioner, Settlement Accounts and Record Office, is bound to make a recommendation to the Chief Accounts Officer for the issuance of a duplicate Compensation Book. The word `will' used in paragraph 2 of the instructions has the same force as the word `shall' and is, therefore, mandatory. M. Nishan Khan v. Chief Settlement and Rehabilitation Commissioner Writ Petition No. 1392/11 of 1962 considered. Sardar Hidayatullah Khan, Settlement Commissioner (Legal) and Advocate Supreme Court instructed by M. Mahboob Ahmad, Attorney for Petitioners. Nemo for Respondents. Date of hearing : 15th April 1969. JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from an order of a Division Bench of the High Court of West Pakistan, accepting a writ petition and directing the Additional Settlement Commissioner (Accounts and…

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