| Case ID |
2aba26e1-037c-401a-b1e5-122252406ad5 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 140 of 2010 |
| Decision Date |
Jun 19, 2012 |
| Hearing Date |
|
| Decision |
The High Court declared the impugned order dated 11-11-2009, which cancelled the Permanent Transfer Deed (PTD) issued in favor of the petitioner in 1972, as illegal and without lawful authority. The cancellation was challenged on the grounds that the laws governing evacuee property had been repealed in 1975, thus rendering the Chief Settlement Commissioner non-existent and limiting the powers of the Notified Officer to pending proceedings only. The court held that the PTD was a closed transaction and could not be reopened by the Deputy Administrator Evacuee Trust Property, who lacked the authority to adjudicate on the matter. The decision emphasized that the property in question had been legally transferred to the petitioner and that the cancellation order was invalid as it did not follow the proper legal procedures. Therefore, the petition was allowed, and the cancellation order was nullified. |
| Summary |
The case revolves around the cancellation of a Permanent Transfer Deed (PTD) concerning evacuee property. The petitioner, Abdul Sattar, contested the decision of the Chief Settlement Commissioner, which declared the PTD issued in 1972 as illegal. The Court examined the implications of the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, which had repealed previous laws governing evacuee properties and stated that authorities had become functus officio after the repeal. The Court referenced several precedents, asserting that the property transaction was valid and should not have been reopened. The ruling reaffirmed the importance of adhering to lawful procedures and protecting the rights of bona fide purchasers against arbitrary administrative decisions. This case is significant in understanding the legal framework surrounding evacuee properties and the powers of settlement authorities, making it crucial for legal practitioners in property law and constitutional law fields. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MIFTAH UD DIN KHAN,
MIAN FASIH UL MULK
|
| Lawyers |
Abdul Sattar Khan for Petitioner,
Mazullah Khan,
Ihsanullah,
Obaid Razaq, A.A.G. for Respondents
|
| Petitioners |
ABDUL SATTAR
|
| Respondents |
3 others,
CHIEF SETTLEMENT COMMISSIONER
|
| Citations |
2012 SLD 2563,
2012 YLR 2356
|
| Other Citations |
Amminuddin v. Settlement Commissioner and others 1973 SCMR 624,
Mst. Jahan Ara Begum v. Bashir Ahmed and others 1975 SCMR 401,
Muhammad Shafi v. Mauj Din Khan and 3 others PLD 1976 Lah. 17,
Bilqis Begum and others v. Fazal Muhammad and others 1987 SCMR 1441,
Muhammad Asghar v. M. B, R and others 2009 MLD 1023,
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,
Dr. Muhammad Iqbal and 9 others v. Member Board of Revenue/Chief Settlement Commissioner, Lahore and another PLD 2010 Lah 249 rel.
|
| Laws Involved |
Evacuee Property and Displaced Persons Laws (Repeal) Act,
Constitution of Pakistan
|
| Sections |
2(2),
3,
199
|