| Case ID |
374cf280-7ffc-4c60-a207-d341ec23cc7f |
| Body |
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| Case Number |
Civil Appeals Nos. 1834 to 1840 of 2001 |
| Decision Date |
Mar 27, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the Civil Appeals Nos. 1834, 1835, 1839, and 1840, while it accepted Appeals Nos. 1836, 1837, and 1838. The court found that the claims of the respondents fell within the purview of pending proceedings as defined under the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975. The court emphasized that the delays in processing claims were due to the Settlement Department's inaction and not the petitioners' fault. The ruling clarified that the entitlement certificates issued after the repeal of the Settlement Laws did not invalidate the claims because they were still considered pending before the relevant authorities. The judgment highlighted the importance of ensuring that the rights of displaced persons were not compromised due to administrative delays. |
| Summary |
This case revolves around the interpretation of 'pending proceedings' in the context of the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975. The Supreme Court of Pakistan examined multiple civil appeals concerning claims filed by displaced persons for allotment of evacuee land. The court concluded that claims should be recognized as pending if they were not resolved before the repeal of the Settlement Laws. This landmark decision underscores the court's commitment to upholding the rights of displaced individuals and ensuring that bureaucratic delays do not hinder their claims. The ruling also reiterates the necessity for proper verification and timely processing of claims by the Settlement Department. The judgment is significant for legal practitioners dealing with property rights and administrative law, providing clarity on the status of claims post-repeal of relevant laws. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Qazi Muhammad Farooq,
Hamid Ali Mirza
|
| Lawyers |
Ch. Mushtaq Masood,
Sh. Masood Akhtar,
Ghulam Nabi Bhatti,
Faizur Rehman,
Muhammad Munir Peracha,
Ejaz Muhammad Khan
|
| Petitioners |
Chief Settlement Commissioner/ Member, Board of Revenue (S&R Wing), Punjab
|
| Respondents |
6 others,
Akhtar Munir
|
| Citations |
2003 SLD 3484,
2003 PLD 603
|
| Other Citations |
Nawab Din v. Member, Board of Revenue, Punjab, Lahore PLD 1979 SC 846,
Zafar Ali Khan v. Chief Settlement Commissioner 1999 SCMR 1719,
Muhammad Ramzan v. Member (Revenue)/CSS 1997 SCMR 1635,
Abdul Aziz and 6 others v. The Member, Board of Revenue and 15 others 1998 SCMR 1078
|
| Laws Involved |
Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975),
Constitution of Pakistan (1973)
|
| Sections |
2(2),
185(3),
199
|