Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10(2)-Special leave to appeal-Granted to consider whether appellant had locus standi to challenge Govern­ment's order transferring disputed property in favour of respondent and whether that transfer was valid. (b) Constitution of Pakistan (1962), Art. 98 read with Dis­placed Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10(2)-Petitioner not in possession of property it dispute from before 20-12-1958-Held, cannot claim entitlement to such property and consequently has no locus standi to challenge order of Central Government transferring same to respondent. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10(2)-Transfer of property by Govern­ment in exercise of power under S. 10(2) not purporting to have been made in public interest but, made for personal benefit of a private individual-Held, not valid. Ch. Qadir Bakhsh, Advocate Supreme Court instructed by Syed Wajid Hussain, Advocate-on-Record for Appellant. Respondents Nos. 1 and 2 : Ex parte. Sami Ahmad Khan, Advocate Supreme Court instructed by Rana Maqbul Ahmad Kadri, Advocate-on-Record for Respondent No. 3. Date of hearing : 4th November 1971. JUDGMENT M. R. KHAN, J.---This appeal, by special leave is directed against the judgment and order of a Division Bench of the former High Court of West Pakistan, Lahore, by which the appellant's Writ Petition No. 163/R of 1965 under Article 98 of the 1962­Constitution was dismissed in limine on the 17th February 1968. The dispute in this case relates to shop No. V/572, Kanak Mandi. Rawalpindi. This shop was an evacuee property and was eventually included in the compensation pool. The appellant . is a claimant displaced person from Amritsar. He claimed to be in possession of the disputed shop and applied for its transfer in his favour. His claim for transfer was considered by the settlement authorities at different levels, but it was ultimately rejected on the ground that he was not in possession of the shop from before the 20th December 1958. The shop was accordingly placed in the auction pool for its disposal by public auction.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492