| Case ID |
14bb8021-159c-43a5-b55f-7cf13c80f548 |
| Body |
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| Case Number |
Civil Appeal No. 3 of 1972 |
| Decision Date |
Feb 16, 1983 |
| Hearing Date |
|
| Decision |
The appeal was dismissed with no order as to costs since none from the respondents appeared to contest the claim. The Supreme Court ruled that the Settlement Commissioner had the jurisdiction to revise the original transfer orders which were made haphazardly without due consideration of the actual circumstances. The court emphasized the importance of proper inspection and assessment of claims in demarcation proceedings, affirming the earlier findings of the Settlement Commissioner regarding the excess area transferred. |
| Summary |
This case revolves around the appeal filed by Muhammad Hanif and others against the judgment of the High Court regarding the transfer of plots in Bhakkar. The Supreme Court addressed issues related to the jurisdiction of the Settlement Commissioner in revising transfer orders and emphasized the need for thorough inspections and proper handling of competing claims. The court held that the original transfer orders were made without adequate scrutiny, leading to confusion in the demarcation of plots. The ruling underscores the significance of procedural correctness in land transfer cases and the rights of displaced persons under the relevant laws. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, ACTG. C.J.,
MUHAMMAD AFZAL ZULLAH,
SHAFIUR RAHMAN,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Ch. Abdul Rahman, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record
|
| Petitioners |
Others,
MUHAMMAD HANIF
|
| Respondents |
2 Others,
SETTLEMENT COMMISSIONER, SARGODHA DIVISION,
A. A. WASTY
|
| Citations |
1983 SLD 323,
1983 SCMR 449
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
|
| Sections |
Art. 185 (3),
Schedule
|