Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958),Sched., Part I---Chief Settlement Commissioner after spot inspection finding that alleged factory and adjoining bungalow, two independent units---Finding based on very authentic documents---High Court, in writ jurisdiction, held, could not disturb finding. The dispute concerned a bungalow adjacent to an open piece of land alleged to be a factory. The bungalow was in occupation of two ladies, S and R whereas the factory was allotted to one A. The two properties had different survey numbers but A laid claim to both the properties alleging them to be one unit. The Chief Settlement Commissioner on spot inspection and after taking into consideration various prelimi­nary assessment lists and assessment registers found as a fact that the bungalow in dispute and the alleged factory were two independent units. Aggrieved by the order H filed a writ petition and the High Court quashed the order and remanded the case back to the Chief Settlement Commissioner on the ground that the Chief Settlement Commissioner had erred in observing that ` "none of the parties had applied for the transfer of factory": Held, the Chief Settlement Commissioner, after local inspec­tion and having regard to the various assessment registers and the preliminary assessment lists, arrived at the finding that the bungalow in dispute is a separate unit bearing No. S-X-1-S-6(1) and that the factory is another unit bearing No. S-X-1-S-6(2). This is a finding of fact based on authentic documents. The position, therefore, is that the disputed bungalow, according to the finding of the Chief Settlement Commissioner, is an independent evacuee residential house having no concern with the factory by its side. This being a finding of fact by the highest Settlement authority is not liable to be disturbed in any proceeding before a Court. The High Court was not, therefore, right in quashing the Chief Settlement Commissioner's- order transferring the bungalow to the appellants on the ground that the respondent's application for the transfer of an industrial concern went unnoticed. Muhammad Bakhsh Mir and Muhammad Aslam Hayat, Advo­cates…

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