P L D 1963 (W (PLP)
GULZAR MUHAMMAD‑Petitioner Versus CHIEF SETTLEMENT COMMISSIONER, PAKISTAN AND
| Citation | P L D 1963 (W (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | GULZAR MUHAMMAD‑Petitioner Versus CHIEF SETTLEMENT COMMISSIONER, PAKISTAN AND |
Q1: What are the key laws and sections cited in P L D 1963 (W (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1963 (W (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1963 (W (PLP) (GULZAR MUHAMMAD‑Petitioner Versus CHIEF SETTLEMENT COMMISSIONER, PAKISTAN AND). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mian Fazli Muhammad for Petitioner.
- Major Ishaq Muhammad Khan for Respondent.
Headnotes / Summary
Sch. I, Paras. I & 4‑Transfer of house‑House assessed by Municipal Corporation to house tax on basis of annual rental of Rs. 108 and by Excise and Taxation Depart ment at Rs. 180‑Determining price of house on evaluation basis‑Lesser of two assessments to be made basis of computation-- Making higher of two assessments basis of evaluation‑Illegal Settlement Laws Manual, p. 28 Press note dated 16‑7‑59.
Judgment & Decree
Paragraph 4 of Schedule I of the Act provides for the transfer of a house to a local "on payment of the prevailing market value". Section 2 (8) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 defines prevailing market value as‑ "the amount of the value of the property as determined by the Chief Settlement Commissioner." By a press note issued on 16‑7‑1959, which is reproduced at page 28 of the Manual the Chief Settlement Commissioner pres cribed the following formula for the determination of prevailing market value "Price determined on evaluation basis payable by claimants, plus‑ (1)
(2) fifteen per cent. for houses and shops in Lahore, Lyallpur, Rawalpindi, Peshawar, Multan and Hyderabad, and (3)
" Paragraph 22‑A of Scheme No. I provides that‑ Where the assessment made by Government for 1946 under any of the immovable property tax laws and that made by the Local Body concerned for the same year is different the lesser of the two assessments shall be adopted." This paragraph appears in Chapter IV of the Scheme which deals with "Determination of Amounts Payable by Transferee" for determining the price on evaluation basis, therefore, the lesser of the two assessments has to be made the basis of computation and since the prevailing market value is to be arrived at by adding 15% to this price, the impugned order which makes the higher of the two assessments the basis of evaluation is against law, the same is hereby set aside. The respondent shall now proceed to calculate the value of the house assuming Rs. 108 per annum to be the assessment of rent. The parties shall be left to bear their own costs. K. B. A./A. H. Order set aside.