| Case ID |
3ba87aad-fa43-414e-840b-fdc41baadcb4 |
| Body |
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| Case Number |
Civil Appeal No. 105 of 1970 |
| Decision Date |
Jan 30, 1976 |
| Hearing Date |
Jan 16, 1976 |
| Decision |
The Supreme Court dismissed the appeal of Mst. Hussain Bibi, affirming the High Court's decision which remanded the case to the Settlement Authorities for a fresh determination of the rights of the parties involved. The court found that the auction proceedings had not been confirmed, thus no vested rights accrued to the highest bidder. The court emphasized the necessity of proper consideration of the respondent's application, which had not been adequately addressed by the Settlement Authorities, particularly noting the impropriety of earlier orders made behind the back of the respondent. The court reiterated that the requirement of raising construction on a quarter of the plot was in excess of statutory provisions and should not bar eligibility for transfer. |
| Summary |
In the case of Mst. Hussain Bibi vs. Hajl Muhammad Din and others, the Supreme Court of Pakistan addressed a dispute concerning the transfer of a house site under the Displaced Persons (Compensation and Rehabilitation) Act. The case revolved around the procedural integrity of the auction process and the eligibility criteria for transfer of property based on construction requirements outlined in Settlement Scheme No. VI. The court ruled that procedural lapses, including the failure to properly consider the respondent's application and conduct a fair auction process, rendered the previous orders invalid. The court's decision highlighted the importance of adhering to statutory provisions and ensuring that all parties have an opportunity to be heard before any rights are transferred. This case serves as a significant legal precedent regarding property rights and the proper conduct of auction proceedings in similar contexts, reinforcing the principle of fair administrative practices. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Salahuddin Ahmed,
Muhammad Afzal Cheema,
Muhammad Akram,
Dorab Patel
|
| Lawyers |
Speed Hassan,
Abdul Razzaque,
Nusratullah
|
| Petitioners |
Mst. Hussain Bibi
|
| Respondents |
3 Others,
Hajl Muhammad Din
|
| Citations |
1976 SLD 236,
1976 SCMR 208
|
| Other Citations |
Mst. Mehmooda Tehseen v. S. Ijaz Hassain Shah P L D 1965 S C 618,
Altaf Hussain's case P L D 1965 S C 68
|
| Laws Involved |
Constitution of Pakistan (1973),
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
|
| Sections |
Art. 199,
Para. 1 (3),
Ss. 11 & 23
|