S. NIAZ ALI SHAH vs SETTLEMENT AUTHORITIES AND Another — 1979 SCMR 457

Citation: 1979 SCMR 457

Court: Supreme Court of Pakistan

Year: 1965

Decision Date: 1965-05-26

Parties: S. NIAZ ALI SHAH vs SETTLEMENT AUTHORITIES AND Another

Headnotes

Case cited as 1979 SCMR 457

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Fazal-e-Akbar, Dr. Sheikh Abdul Rahman, B. Z. Kaikaus Title: S. NIAZ ALI SHAH vs SETTLEMENT AUTHORITIES AND Another Case No.: Civil Appeal No: 1 of 1965 Date of Judgment:1965-05-26 Reported As: 1979 SCMR 457 Result: Appeal dismissed JUDGMENT JUDGMENT FAZLE AKBAR J:----This appeal by ,special leave is from the judgment and order of the Letters Patent Bench of the High Court of West Pakistan at Lahore upholding dismissal of the Writ Petition No. 1171 of 1961, by a learned Single, Judge of that Court. The facts briefly are as follows; The appellant,' Syed Niaz A.I Shah who is a claimant displaced person was allotted in 1949 about one kanal of land at Plot No. B/VII-1-S; 3, Railway Road, Jhelum by the Rehabilitation Authorities. Later he, with the permission of the said authorities put up a structure on the said landuse as a D Class Bus Stand. On commencement of the Settlement Operations he applied for transfer of the said plot to him on the ground that be had put up there a Pakka structure with bricks and cement at a cost of Rs. 22,000. The Assistant Settlement Com--missioner after inspecting the site reported on 29th January, 1960 to the following effect :- "I have visited the spot. All constructions are of permanent nature. The applicant is a claimant and may be transferred the plot to him under rules." The Deputy Settlement Commissioner, however, on inspection found that the structure put up by the appellant was of a…

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