| Case ID |
05c6e8b9-929a-499d-b097-25485d3e7eab |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 11687 of 2009 |
| Decision Date |
Nov 18, 2015 |
| Hearing Date |
|
| Decision |
The Lahore High Court addressed the authority of the Chief Settlement Commissioner post the repeal of the Evacuee Property and Displaced Persons Laws. The court found that all proceedings related to evacuees and displaced persons, which were pending at the time of the repeal, were to be transferred to officers notified by the Provincial Government. The Chief Settlement Commissioner was deemed to be the lawful officer to handle these cases despite the argument that the office itself ceased to exist after the repeal. The court ruled that the notification appointing Dr. Nazir Saeed as Chief Settlement Commissioner was valid, thus affirming the authority of the Chief Settlement Commissioner to decide on pending cases regarding displaced persons. The decision highlighted that the appellation of Chief Settlement Commissioner did not revive the previous offices created under the repealed laws and that the authority was limited to the jurisdiction defined by the Repeal Act. |
| Summary |
The case revolves around the legal authority of the Chief Settlement Commissioner following the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975. The Lahore High Court examined whether the Chief Settlement Commissioner retained jurisdiction over pending proceedings after the repeal of previous laws governing displaced persons. The court emphasized the importance of the notification issued by the Punjab Government that designated Dr. Nazir Saeed as the Chief Settlement Commissioner. It was concluded that despite the repeal, the Chief Settlement Commissioner maintained the authority to dispose of cases related to displaced persons and evacuee properties. The ruling clarified the legal framework surrounding the management of evacuee property and underscored the continuity of authority through proper notification. This case is significant in understanding the implications of legislative changes on administrative roles and responsibilities concerning displaced persons. |
| Court |
Lahore High Court
|
| Entities Involved |
Punjab Government,
Board of Revenue, Punjab,
Settlement Department
|
| Judges |
SHAHID WAHEED,
SHAMS MEHMOOD MIRZA,
SHAHID KARIM
|
| Lawyers |
Malik Noor Muhammad Awan,
Mehmood A. Sheikh,
Ch. Rashid Abdullah,
Maqbul Sadiq,
Khalil Ahmad Ali,
Hafiz M. Yousaf,
Mian Luqman,
Bashir Ahmad Mirza,
Ch. Iqbal Ahmad Khan,
Naseem Sabir Ch.,
Ch. M. Shafique,
Kh.Waseem Abbas,
Imran Humayun Chheena,
Mian Shahid Iqbal,
M. Sohail Tipu,
Muhammad Sharif Chohan,
Hafiz Muhammad Yousaf,
Ashfaq Quyyam Cheema
|
| Petitioners |
MUHAMMAD SIDDIQUE,
,
Muhammad Afzal,
Mian Rafaqat Ali,
Ch. Arshad Hussain,
Sh. Naveed Sheharyar,
Malik Amjad Pervaiz,
Anwar A. Qureshi
|
| Respondents |
,
M.B.R./C.S.C., PUNJAB AND OTHERS,
Dr. Nazir Saeed,
Gazanfar Khalid Saeed
|
| Citations |
2017 SLD 2002,
2017 MLD 572
|
| Other Citations |
Pakistan Tobacco Board and another v. Tahir Raza and others 2007 SCMR 97,
Province of Punjab through Member Board of Revenue (Residual Properties) Lahore and others v. Muhammad Hussain through Legal Heirs and others PLD 1993 SC 147,
Sagheer Muhammad Khan and 5 others v. Member Judicial (V) Board of Revenue, Punjab and 4 others 2009 YLR 1255,
Dr. Muhammad Iqbal and 9 others v. Member, Board of Revenue/Chief Settlement Commissioner, Lahore and another PLD 2010 Lah. 249
|
| Laws Involved |
Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975
|
| Sections |
2
|