1989 PLP 1761 (SCMR)
CHIEF SETTLEMENT COMMISSIONER and others Petitioners Versus MUHAMMAD YAMIN and others Respondents
| Citation | 1989 PLP 1761 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Ghulam Mujaddid and Saad Saood Jan, JJ |
| Parties | CHIEF SETTLEMENT COMMISSIONER and others Petitioners Versus MUHAMMAD YAMIN and others Respondents |
| Primary Law | Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1761 (SCMR)?
This judgment primarily cites: Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1761 (SCMR)?
The case was heard and decided by the High Court bench comprising: Ghulam Mujaddid and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1761 (SCMR) (CHIEF SETTLEMENT COMMISSIONER and others Petitioners Versus MUHAMMAD YAMIN and others Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. M. Nasim, Advocate Supreme Court and Rana M. A. Qadri, Advocate‑on‑Record for Petitioners.
- S. Wajid Hussain, Advocate‑on‑Record (absent) and Malik Muhammad Qayyum, Advocate Supreme Court for Respondents.
- Date of hearing: 13th July, 1988.
Headnotes / Summary
(From the judgment of Lahore High Court dated 8th March, 1981 in W.P. No. 808‑R‑80). ‑‑‑S.11‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Disposal of available property‑‑Settlement Authorities had the necessary jurisdiction to dispose of and residual property‑‑Reasons given by High Court (lid not call for any interference‑‑Petition for leave to appeal dismissed.
Judgment & Decree
GHULAM MUJADDID, J.‑‑Chief Settlement Commissioner; The Secretary (Urban) to the M.B.R. (S & R) Wing Punjab, Lahore and Member Board of Revenue (Settlement and Rehabilitation Wing) Lahore, have impugned the judgment of Lahore High Court dated 8‑3‑1981. The High Court by means of the impugned judgment accepted the Constitution Petition filed by Muhammad' Yamin and others and held that the order of the Deputy Secretary (Urban) dated 20‑7‑1977 was without lawful authority. The Deputy Secretary (Urban) had directed that the portion on top of Property No.S‑I1I‑3‑S‑2, situated at Kabir Street, Urdu Bazar, Lahore, was available and that was to be disposed of under the new scheme. Learned counsel for the petitioners contended that the High Court did not properly appreciate the correct legal and factual position. The legal position was that the Settlement Authorities had the necessary jurisdiction to dispose of any residual property whereas the factual position was that only one shop had been transferred to the respondents. This aspect was duly considered by the High Court and the contention was repelled. The reasons given by the High Court call for no interference. This petition has no merits. Dismissed. M.A.K./C‑41/S Petition dismissed