1988 PLP 1699 (CLC)

‑‑‑Ss. 10 & 11‑‑Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), Ss.2 & 3‑‑Constitution of Pakistan (1973), Art.199‑‑Transfer of evacuee land‑‑No right of appeal/revision being available under the Act of 1975 and Chief Settlement Commissioner not being Notified Officer, order passed by him against the orders of Notified Officer, held, was without lawful authority and juris diction‑‑Petitions allowed. Sh. Afzal Ahmad Qureshi for Petitioners. Ch. Mohammad Altaf for Respondents. Dates of hearing: 5th and 6th March, 1988. The petitioners, have moved these Constitutional petitions praying therein that the order dated 8‑9‑1980 passed by respondent No.l, Chief Settlement Commissioner/ Member Board of Revenue Punjab, may be declared without lawful authority and of no legal consequence. I propose to dispose of both the writ petitions (W.P. No.916/R‑1980 and W.P. No.917/R‑1980) together by this judgment as the common questions of law and facts are involved therein.

2. The case in brief is that the petitioners alongwith others lodged information under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958 against Iqtadar Hussain etc. and Abdul Rashid etc. The petitions remained pending before different Courts and ultimately were entrusted to Mr. M.R. Khalid, Settlement Commissioner, Punjab, Lahore who recorded the evidence and heard the parties. The said Officer, after considering the evidence came to the conclusion that the allotment of land obtained by the said persons was against the forged claims and as such in exercise of his powers under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958 read with section 2 of the Evacuee Property (Repeal) Act, 1975, he proceeded to cancel the allotment from their names and directed that the said land be allotted to the petitioners against their verified claim. It was further directed that the parties shall appear before the respondent No.l on 28‑4‑1980 (7‑4‑1980 in case W.P. No.917/R 1980), for the purposes of confirmation of land in their names. Respondent No.l heard the parties on 8‑9‑1980 but he refused to allot the land in question against the verified claim of the petitioners. As stated earlier, this order has been assailed by the petitioners by means of these Constitutional petitions.

3. The main contention of the, learned counsel for the petitioners is that Mr. M.R. Khalid, learned Settlement. Commissioner, Punjab, was the duly notified‑ officer within the meanings of section 3 of the Evacuee Property and Displaced Persons Laws (Repeal) Act, .1975 and as such orders dated 16‑4-1980 and 1‑4‑1980 passed by him are final and that there is no right of appeal, 'revision or review available under which respondent No.l. on the application of some person or suo motu can re‑open the matter finally heard, and decided by the learned Notified; Officer. Ch. Muhammad Altaf; learned Legal Adviser of the Settlement Department has 'vividly conceded the proposition of law canvassed by the learned counsel for the petitioners. He submitted that under the provisions contained' in the Evacuee Laws (Repeal) Act, 1975, only a Notified Officer like Mr. M.R. Khalid, learned Settlement Commissioner, Punjab, is competent to hear a pending case. He maintained that the' cases in hand were heard competently by Mr. M. R. Khalid, .learned Settlement Commissioner.. He further conceded that respondent. No.1 possessed no jurisdiction to interfere in the matter.

4. I have heard the learned counsel for the parties and, have perused the record. A clear‑statement has been made by the learned Legal Adviser of the Settlement Department that respondent No.1 as not competent to pass the impugned orders. Respondent No.1 is admittedly not the Notified Officer to hear the cases in hand. It is also clear that there is no right of appeal/revision available under the Displaced. Persons and Evacuee Laws (Repeal) Act, 1975 to any body including? respondent No.l. This being so, the order dated 8‑9‑1980 passed: by respondent No.1 is clearly without lawful authority and jurisdiction. Resultantly, the impugned order dated 8‑9‑1980 is, declared without lawful, authority. The petitions, therefore, succeed and are allowed leaving the parties to bear their own costs. The cases shall be sent to the learned Notified Officer with a direction that he will, confirm the disputed land against the verified claim of the petitioners in their favour. S.Q./‑F‑66/L Petitions allowed.