| Case ID |
25f70647-930a-4b38-8098-472fd59bc1e3 |
| Body |
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| Case Number |
Civil Petition No. 175 of 1968 |
| Decision Date |
Oct 18, 1968 |
| Hearing Date |
Oct 18, 1968 |
| Decision |
The Supreme Court upheld the decision of the High Court, concluding that the properties in question were not available for transfer under Settlement Scheme No. VIII at the time it came into operation. The Court reasoned that a binding agreement for the transfer of the property existed between the Cantonment Board and the Settlement authorities, and as such, the properties could not be classified as 'available properties' as per the definitions provided in the Scheme. The petitioner's appeal for special leave was therefore dismissed, affirming the lower court's ruling. |
| Summary |
This case revolves around the legal dispute concerning the transfer of properties near the motor stand in Murree Cantonment. The properties, originally belonging to an evacuee, were under the tenancy of the petitioner, Raja Ghulam Sarwar Khan. The Supreme Court addressed whether these properties could be considered 'available' for transfer under the Settlement Scheme No. VIII. The Court found that prior approvals and agreements for the transfer of these properties existed, thus rendering them unavailable for local occupants as defined in the Scheme. This ruling emphasizes the importance of binding agreements and the implications of prior governmental approvals in property transfer cases, particularly under the Displaced Persons (Compensation and Rehabilitation) Act. The decision serves as a significant reference for similar cases involving property rights and governmental authority in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Ministry of Defence,
Cantonment Board, Murree,
Ministry of Rehabilitation and Works, Government of Pakistan
|
| Judges |
HAMOODUR RAHMAN,
MUHAMMAD YAQUB ALI,
ABDUS SATTAR
|
| Lawyers |
Iftikharul Hag Khan,
S. Wajid Hussain
|
| Petitioners |
Raja GHULAM SARWAR KHAN
|
| Respondents |
2 OTHERS,
CANTONMENT BOARD, MURREE
|
| Citations |
1969 SLD 203,
1969 SCMR 110
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act, 1958
|
| Sections |
10(2)
|