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Civil Petition for Special Leave to Appeal No. 945 of 1975, decided on 21st June, 1981.
(Against the judgment and order of the Lahore High Court, Lahore dated 12-8-1975 passed in W. P. No. 714-R of 1973).
S. 16-Section 16 of Act XLVII of 1958-Held, gives protection only to persons having land permanently settled upon them and not to temporary all others.
S. 2(3)(b)--Chief Settlement Commissioner, held, empowered by S. 2 (3) (b) of Act XLVII of 1958 to convert agricultural land into urban land.
M. A. Qureshi, Advocate-on-Record for Petitioner.
Nemo for Respondents.
Date of hearing : 21st June, 1981.
,
.-This petition is directed against the judgment of the High Court, dated 12-8-1975, dismissing the petitioner's writ petition.
2. The petitioner who is a displaced person from India was allotted agricultural land in Chak No. 213/R. B. within the municipal limits of Lyallpur (now Faisalabad) Municipality, on temporary basis. Subsequently, the Chief Settlement Commissioner declared the land in question, to be urban land, vide Notification dated 16-5-1971, in exercise of his powers under section 2(3) (b) of the Displaced Persons (Land Settlement) Act, 1958. Resultantly, the petitioner was deprived of the said land. He challenged the abovementioned Notification through Writ Petition which was dismissed vide the impugned judgment.
Hence the present petition.
2. The learned counsel for the petitioner contended, firstly, that in vie of the provisions of section 16 of the Displaced Persons (Land Settlement Act, 1958, he could not be deprived of the land in dispute. The contention is clearly misconceived, because that section gives protection only t the displaced persons on whom land has been permanently settled under the Act. Therefore, the provisions of the above said section do not protect the petitioner who was only a temporary, allottee.
3. It was contended next that the Chief Settlement Commission had no power to convert the agricultural land into urban land. This contention too, has no force, because as pointed out by the learned Judge in Chamber in paragraph 5 of the impugned judgment, the power is clearly spelt out by section 2(3) (b) of the Displaced Persons (Land Settlement) Act, 1958.
In this view of the matter, the Petition is dismiss as having no merit.
Petition dismissed.
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