Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-------Ss. 10 & 11---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), Ss.2(2) & 3(1)(a)---Scheme for the Management and Disposal of Available Urban Properties, 1977, Para. 6(1) --- Constitution of Pakistan (1973), Art. 199---Constitutional petition---Pending proceedings, principle of---Mukhbari application---Right of occupant---Allotment was alleged to be a result of fraud---Proceedings on Mukhbari application filed by respondent were pending at the time when settlement laws were repealed in the year 1975---Respondent was found to be in possession of disputed shop before 1960---Settlement Authorities allowed the application, cancelled the allotment and the property was allotted in the name of respondent in the year 1983---Plea raised by the petitioners was that after repeal of settlement laws, the Permanent Transfer Deed could not be cancelled in the year 1983---Validity---Respondent had been agitating the matter throughout and the proceedings before Settlement Authorities were deemed to be pending proceedings saved by S.2(2) of Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975---Chief Settlement Commissioner was competent to pass the order of cancellation of Permanent Transfer Deed as the present proceedings were not affected due to the repeal of settlement laws---Respondent was entitled to the transfer of the shop in. terms of para. 6(1) of Scheme for Management and Disposal of Available Properties, 1977; issued by Government of Punjab under S.3(1)(a) of Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975---Chief Settlement Commissioner on availability of the shop; after cancellation of Permanent Transfer Deed from the name of allottee had correctly ordered the transfer of the same in the name of the respondent on the basis of being informer and also on the basis of being occupant--- Petition was dismissed in circumstances. The Chief Settlement Commissioner, Lahore v. Raja Muhammad Fazil Khan and others PLD 1975 SC 331; Wali Muhammad and others v. Sakhi Muhammad and others PLD 1974 SC 106; Syed Ali Shah v. Abdul Saghir Khan…

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