| Case ID |
ecfcb1a5-32c1-4216-a148-d651630ba592 |
| Body |
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| Case Number |
Civil Appeal No. 123 of 1984 |
| Decision Date |
Oct 25, 1987 |
| Hearing Date |
Oct 25, 1967 |
| Decision |
The Supreme Court of Pakistan ruled that the excess area attached to the bungalow No.SE-27-R-8, Egerton Road, Lahore, is to be disposed of at the discretion of the Settlement Authorities. The Settlement Commissioner had previously exercised discretion in transferring the excess area to Col. K.M. Sana, which the Court found to be lawful. The Court dismissed the appeal filed by Abdul Hameed Khan, affirming that he lacked locus standi to contest the transfer of the excess area, which was deemed to have been handled appropriately by the Settlement authorities. This decision reinforced the discretion of Settlement Authorities under the Displaced Persons (Compensation and Rehabilitation) Act, 1958, and clarified that no illegality was committed in the transfer process. |
| Summary |
In the case of Civil Appeal No. 123 of 1984, the Supreme Court of Pakistan addressed a prolonged dispute regarding ownership and transfer of excess land associated with a government bungalow. The Court examined the legal framework established by the Displaced Persons (Compensation and Rehabilitation) Act, 1958, and the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975. The primary contention revolved around whether Retired Col. K.M. Sana, the transferee of the main bungalow, was entitled to additional land measuring 9 kanals 13 marlas 156 sq. ft. or if this land should be auctioned publicly. The Settlement Commissioner ruled in favor of Col. Sana, asserting his right to the excess land, a decision that was challenged by Abdul Hameed Khan. The Supreme Court ultimately upheld the discretion of the Settlement Authorities, concluding that the process followed was legal and that the excess area should be transferred to Col. Sana, affirming the authority of the Settlement Commissioner. The case highlights the complexities surrounding property rights in post-partition Pakistan and emphasizes the legal mechanisms for addressing disputes over displaced properties. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
NASIM HASAN SHAH,
SHAFIUR RAHMAN,
SAAD SAOOD JAN
|
| Lawyers |
Not available
|
| Petitioners |
CHIEF SETTLEMENT COMMISSIONER/MEMBER BOARD OF REVENUE
|
| Respondents |
Retired Col. K.M. SANA
|
| Citations |
1988 SLD 2528,
1988 SCMR 1277
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act, 1958,
Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975
|
| Sections |
10,
11,
2
|