1975 PLP 161 (SCMR)
Sh. HIDAYAT ULLAH — Petitioner Versus THE SETTLEMENT COMMISSIONER (POLICY), PUNJAB
| Citation | 1975 PLP 161 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | Sh. HIDAYAT ULLAH — Petitioner Versus THE SETTLEMENT COMMISSIONER (POLICY), PUNJAB |
| Primary Law | Transfer of Evacuee Land (Katchi Abadi) Ordinance (XX of 1972) |
Q1: What are the key laws and sections cited in 1975 PLP 161 (SCMR)?
This judgment primarily cites: Transfer of Evacuee Land (Katchi Abadi) Ordinance (XX of 1972) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1975 PLP 161 (SCMR)?
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: 1975 PLP 161 (SCMR) (Sh. HIDAYAT ULLAH — Petitioner Versus THE SETTLEMENT COMMISSIONER (POLICY), PUNJAB). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Ali Raza, Advocate Supreme Court instructed by Syed Wajid Hussain, Advocate -on-Record for Petitioner.
- Dates of hearing : 10th and 22nd October 1974.
- Syed Ali Raza, Advocate Supreme Court instructed by Syed Wajid Hussain, Advocate ‑on‑Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court dated 22nd January 1974, in Writ Petition No. 82/R of 1973). -- Ss. 4, 7 & 11-Vires of statutes-Ordinance only reflects implementa tion of now policy and programme of social justice and aims to provide shelter to homeless and poor persons-No exception can be taken to retrospective enforcement of Ordinance on constitutional or legal plane.
Judgment & Decree
MUHAMMAD AFZAL CHEEMA, J.‑This petition for special leave to appeal is directed against the order of the High Court dated 22‑1‑1974 whereby Writ Petition No. 82/R of 1973 filed by the petitioner was dismissed. Petitioner is the transferee of a brick kiln in the revenue estate of Basti Khair Shah, Tehsil and District Multan. On the promulgation of Transfer of Evacuee Land Katchi Abadi Ordinance No. XX of 1972, the Chief Settlement Commissioner vide Notification No. POL‑72, dated the 11th of August 1972, declared an area of 6 kanals and 12 marlas out of the total area of 27 kanals and 3 marlas under the brick kiln as Katchi Abadi. It stood resumed under section 4 of Ordinance XX of 1972. Section 4 of the Ordinance envisaged the framing of a scheme for the allotment of the resumed area of the Katchi Abadi. Section II ibid had the effect inter alia of the adoption of a similar scheme already framed under Martial Law Order No. 251 issued by Martial Law Administrator Zone `C'. The provisions of Ordinance XX of 1972 were made overriding in effect. Learned counsel has not been able to challenge the constitutionality of the Ordinance or to point out any violation of the scheme framed under section 7 ibid. This piece of legislation only reflects the implementation of the new policy and programme of social justice and is aimed at providing shelter to the homeless and the poor. No exception can be taken to its retrospective enforcement on the constitutional or legal plane. We have not been able to spell out any justification for the grant of leave to appeal. The petition is therefore dismissed. Petition dismissed.