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Civil Petition for Special Leave to Appeal No. 247 of 1974, decided on 22nd October 1974.
(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.
Syed Ali Raza, Advocate Supreme Court instructed by Syed Wajid Hussain, Advocate ‑on‑Record for Petitioner.
Dates of hearing : 10th and 22nd October 1974.
‑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.
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