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MUHAMMAD IDREES versus SETTLEMENT COMMISSIONER, HYDERABAD


Section 2 (12), Proviso Sec and Schedule are read with the Permanent Migration (Houses and Shops) Rules, 1961, RR 6 and 7, as amended by the PDT's 1464 Permanent Transfer Names in 1972 And was issued after the removal of the 7, available to the settlement authorities for any modification or correction of the property out of the pool of compensation, the order of the Deputy Settlement Commissioner, which largely reversed the amendment. And there should be no restriction on any of the provisions.

1981 C L C 700

[Karachi]

Before B. G. N. Kazi, J

MUHAMMAD IDREES‑Petitioner

versus

SETTLEMENT COMMISSIONER, HYDERABAD

AND 2 OTHERS‑Respondents

Constitutional Petition No. 1162 of 1974, decided 19th January, 1980.

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---

‑‑ S. 2 (12), proviso second and Schedule read with Permanent Transfer (Houses and Shops) Rules, 1961, rr. 6 & 7 as deleted in 1464‑Perma nent Transfer Deed‑Amendment of P.T.D. issued in 1972 after deletion of rr. 6 & 7‑No power, held, available to Settlement authorities to make any amendment or correction in respect of property going out of com pensation pool‑Order of Deputy Settlement Commissioner making much amendment void ab initio and. a nullity and subsequent orders resting on same also of no legal effect.

Anwar Hussain Sani v. Sarfraz Ahmad and 2 others P L D 1971 S C 699 and All Muhammad v. Haji Hasan and 2 others P L D 1:975 Kar. 971 ref.

Ismail Munshi for Petitioner.

S. A. Jamil for Respondents.

Dates of hearing : 19th, 24th November and 15th December, 1979.

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