| Citation(s) |
|---|
| 1970 SLG 119 1970 SLD 119 1970 SCMR 366 |
Supreme Court of Pakistan
Civil Appeal No. 7-P of 1969, decision dated: 14th January 1970. (On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 24th March 1965, in Amended Writ Petition No. 298 of 1963)
HAMOODUR RAHMAN, C.J., SAJJAD AHMAD AND M. R. KHAN, JJ
Abdus Samad Hashmi, Advocate Supreme Court instructed by Ijaz Ali, Advocate-on-Record Nos. 1, 3 and 4. Muhammad Jafar, Advocate Supreme Court instructed by Abdul Karim, Advocate-on-Record Nos. 6 and 7.
Civil Appeal No. 7-P of 1969, decision dated: 14th January 1970. (On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 24th March 1965, in Amended Writ Petition No. 298 of 1963)
HAMOODUR RAHMAN, C.J., SAJJAD AHMAD AND M. R. KHAN, JJ
Abdus Samad Hashmi, Advocate Supreme Court instructed by Ijaz Ali, Advocate-on-Record Nos. 1, 3 and 4. Muhammad Jafar, Advocate Supreme Court instructed by Abdul Karim, Advocate-on-Record Nos. 6 and 7.
MUHAMMAD SADIQ AND 2 others
VS
THE CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER, LAHORE AND 9 OTHERS Nos. 2, 5, 8, 9 and 10: Ex parte.
Law:
Section:
(a) Displaced Persons (Land Settlement) Act (XLVII of 1958),,.S. 20-Review-Deputy Settlement Commissioner reviewing allotment order and cancelling it after 19 months without obtaining previous sanction of Additional Settlement Commissioner, and proceeding to ex parte without notice to party affected-Order, held, wholly illegal. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958), ,. S. 20-Review-Order couched in two words "Review allowed Reviewing Officer, held, did not apply mind to facts of case and deprived persons affected of their valuable rights. (c) Displaced Persons (Land Settlement) Act (XLVII of 1958), ,.S. 16-Land permanently transferred to claimant-Claimant becomes owner in absolute right-Treatment and sale of such land by settlement authority as evacuee property-Not sustainable in law. (d) Costs-Authority assuming jurisdiction illegally and driving party affected to litigation-Authority, in circumstances, directed to pay costs of litigation personally. Muhammad Shafi Sheikh, Senior Advocate Supreme Court instructed by Muhammad Nazar Khan, Advocate-on-Record for Appellants. JUDGMENT SAJJAD AHMAD, J.-Muhammad Sadiq, his father Mian Nur Khan and his sister's son, Muhammad Hayat, the appellants herein, who are claimant displaced persons from Rampur State (Bharat) had left agricultural lands in that State in lieu of which their claims Were verified for 3550 produce index units (50 acres) in favour of Muhammad Sadiq and for 1775 produce index units (25 acres) each in the case of the other two. Their entitlement certificates (Q. P. R. V) were forwarded to the Deputy Settlement and Rehabilitation Commissioner (L) for allotment of lands in the Mardan District. As it was a congested district, the appellants could not get allotment of lands there to the extent of their full entitlement. Muhammad Sadiq was allotted 1850 produce index units only, leaving a balance of 1700 units while Nur Khan and Muhammad Hayat were each given 925 produce index units, with a balance of 850 units left over in each case. By an order dated the 29th of October 1959, the Chief Settlement Commissioner directed the Deputy Settlement Commissioner, Mardan, to transfer the…
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