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SALEEM MUMTAZ SYED versus SETTLEMENT AND REHABILITATION COMMISSIONER


Section 10 (b) transfer of property in favor of a person transferred by the federal government under section 10 (b) is not open to such transfer, holding, rationalization and intervention. Is better qualified for its allotment / transfer.

1981 C L C 280

[Lahore]

Before Manzoor Hussain Sial, J

SALEEM MUMTAZ SYED‑Petitioner

versus

SETTLEMENT AND REHABILITATION COMMISSIONER

AND 4 OTHRRS‑Respondents

Writ Petition No. 877‑R of 1970, decided on 17th March, 1980.

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXV111 of 1958)‑

S. 10(b)‑Transfer of property‑Property in dispute transferred by Federal Government under S. 10(b) in favour of a person‑Such transfer, held, valid and not open to interference notwithstanding any other person having been better qualified for its allotment/transfer.

Zaibun Nisa v. C. S. C. P L D 1962 Pesh. 186; Chief Settlement Commis sioner and others v. Jamaluddin and others 1968 S C M R 697 and Major J. H. Naqvi v. The Director, Enforcement Directorate, West Pakistan etc. P L D 1966 S C 512 ref.

(b) Displaced Persons (Compensation and Rehabilitation) Act (XXV111 of 1958)‑

‑‑ S. 10(b)‑Transfer of property‑Permanent transfer deed regarding property in dispute issued 20 years ago, property gone out of compen sation pool and given away by transferee in charity by creating a trust in favour of a hospital‑Matter, held, cannot be reopened in exercise of discretionary constitutional jurisdiction especially in view of concurrent findings of Settlement authorities having jurisdiction.

Abid Hassan Minto for Petitioners.

Nemo for Respondents Nos. 1 to 3 and 5.

Sh. Maqbool Ahmad‑H for Respondent No. 4.

Dates of hearing : 2nd and 9th February, 1980.

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