| Case ID |
edacbec6-7ff5-49e9-8901-8bcbf79c0ad5 |
| Body |
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| Case Number |
Writ Petition No. 569-R of 1979 |
| Decision Date |
Nov 24, 1981 |
| Hearing Date |
Nov 23, 1981 |
| Decision |
The writ petition was filed to challenge the validity of the order dated 2-12-1978 of the Deputy Settlement Commissioner regarding the disposal of a specific plot. The court held that the property in question, which was part of the Shah Alam Gate Development Scheme, could not be transferred under the Settlement Laws to the respondent No. 2 as it did not form part of the compensation pool. The petitioner was deemed a bona fide purchaser and thus entitled to the plot. The case emphasized that the petitioner's ownership could not be undermined by procedural technicalities. Ultimately, the parties reached a compromise, and the petition was disposed of accordingly, with no orders as to costs. |
| Summary |
This case revolves around the legality of a property transfer under the Displaced Persons (Compensation and Rehabilitation) Act and the Punjab Development of Damaged Area Act. The Lahore High Court addressed the issue of whether a plot, deemed part of a development scheme, could be transferred by the Settlement Department. The court found that the plot had been incorrectly classified as part of the compensation pool, thereby invalidating the transfer to the respondent. Additionally, the court highlighted the importance of ensuring due process and protecting the rights of bona fide purchasers. The ruling reinforced legal principles regarding property rights and the necessity for compliance with statutory requirements in property transfers, particularly in contexts involving displaced persons. The case concluded with a resolution through a compromise between the parties, emphasizing the court's role in facilitating amicable settlements. Key terms include 'property transfer', 'compensation pool', 'legal rights', and 'displaced persons'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IRSHAD HASSAN KHAN, J
|
| Lawyers |
G. A. Pirzada,
Ch. Mohammad Nazir Ahmad,
Syed Ikhlaq Hussain,
Sh. Anwarul Haq,
Malik Ibdus Sattar,
Farooq Zaman
|
| Petitioners |
Mst. RASHDA PARVEEN
|
| Respondents |
Respondent No. 1,
Respondent No. 2,
Respondent No. 10,
DEPUTY SETTLEMENT COMMISSIONER (PLOTS),
Respondents Nos. 3 to 9
|
| Citations |
1982 SLD 776,
1982 PLD 250
|
| Other Citations |
Shams-ud Din Ahmad v. M. A. Rauf Writ Petition No. 2054 of 1964,
Sh. Muhammad Sadiq v. The Chief Settlement Commissioner and another P L D 1963 Lab. 499,
Deva Chand Muljimal v. Deputy Settlement and Rehabilitation Commissioner, Karachi etc. P L D 1965 S C 356,
Maulvi Muhammad Waheed Ullah v. The Chairman, Lahore Improvement Trust, Lahore P L D 1975 Lab. 586
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act (XVIII of 1958),
Punjab Development of Damaged Area Act (XV of 1952),
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
3,
4-A,
199,
O. XXIII, r. 3,
S. 151
|