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Petitioner: SETTLEMENT COMMISSIONER (LANDS) VS Respondent: WALI MUHAMMAD
1987 S C M R 21
1987 S C M R 21
Present: Muhammad Haleem, C.J., Shafiur Rahman, Zaffar Hussain Mirza, Javid Iqbal and Saad Saood Jan, JJ
SETTLEMENT COMMISSIONER (LANDS) and another‑‑Petitioners
versus
WALI MUHAMMAD and others‑‑Respondents
(Against the judgment and order of the Lahore High Court, Lahore, dated 27th March, 1983 and 2nd April, 1983).
Civil Petition No. 877 of 1983
Mst. SARDAR BIBI and another‑‑Petitioners
versus
FATEH Din and others‑‑Respondents
(Against the judgment and order of the Lahore High Court, Lahore dated 27‑3‑1983 in I.C.As. Nos. 202 and 204 of 1982).
Civil Appeal No. 897 of 1983
SHAH RASOOL‑‑Petitioner
versus
ROSHAN and others‑‑Respondents
Review Applications Nos. 13 and 14 of 1985 and 24 of 1984
MUHAMMAD AYUB and 57 others‑‑Petitioners
versus
ASSISTANT COMMISSIONER/ COLLECTOR, VEHARI and 12 others Respondents
(On review of this Court's order, dated 5‑6‑1985 and Order, dated 3‑11‑1984).
Civil Petitions Nos. 867 to 874, 877, 883, 892, 897, 918 and 919 of 1983, decided on 21st October, 1986.
Constitution oaf Pakistan (1973)‑‑
‑‑‑Arts. 185(3) & 199‑‑Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 4(2)‑‑Evacuee Property and Displaced Persons Laws (Repeal) Act (XI V of 1975) , S . 3‑‑Evacuee Property‑‑Transfer of‑‑Leave to appeal granted to consider inter alia questions: Whether an Intra‑Court Appeal was at all competent and maintainable in view of Supreme Court's decision in P L D 1984 S C 344; whether property in dispute was never acquired under S. 4(2) of Act (XLVII of 1958); at no stage formed part of Compensation Pool and was not, therefore, available for settlement of refugees; whether land in dispute, in absence of a notification under S. 4(2) of Act (XLVII of 1958) came to vest in Provincial Government under S. 3 of Act (XIV of 1975) and was available for adjusting claim of grantees belonging to criminal tribe; and effect of decision of Supreme Court, dated 22‑5‑1978 in Civil Appeal No. 188 of 1970 and others on finality of decision of Additional Settlement Commissioner, dated 1‑12‑1966 regarding evacuee or non‑evacuee character of interest in light of Supreme Court decision in P L D 1957 S C 63.
Shahzad Jehangir, Bar‑at‑Law, Senior Advocate Supreme Court instructed by Raja Abdul Razzaque, Advocate‑on‑Record for Petitioners (in C.Ps. Nos. 867, 874, 883,892, 918 and 919 of 1983).
Ghulam Sarwar, Advocate Supreme Court for Petitioners (in C.P. No. 877 of 1983).
Sh. A. Rashid, Senior Advocate Supreme Court for Petitioners (in C . P. No. 897 of 1983)
Sardar Shah, Senior Advocate Supreme Court assisted by M. Aslam Chaudhry, Advocate‑on‑Record (absent) for Petitioners (in Review Applications Nos. 13 and 14 of 1985) .
A.R. Sheikh, Senior Advocate Supreme Court and Rana M.A. Qadri, Advocate‑on‑Record for Petitioners (in C.P. No. 24 of 1984).
Nemo for Respondents (in all Petitions).
Date of hearing: 21st October, 1986.
ORDER
SHAFIUR RAHMAN, J.‑‑Leave to appeal is sought by the Settlement Commissioner in twelve matters, questioning in all of them the correctness and the competence of the judgment of the Appeal Bench of the Lahore High Court dated 27th of March, 1983 whereby the orders of the dismissal of constitutional petitions were set aside, the orders of the Settlement authorities ‑‑were declared to be without lawful authority and the land holdings of the respondent writ petitioners were ordered to "remain with them" "with the rights and obligations" as were attached to them prior to 12th of December, 1978.
There are two other such petitions (C.P.S.L.As. 877 and 897 of 1983) by private persons challenging the same decision of the Appeal Bench, additionally on the ground that they were not issued notices in appeal and stand condemned unheard resulting in deprivation of their property rights.
There are three Review petitions seeking recall of orders dated 3‑11‑1984 and 5‑6‑1985 of this Court refusing Leave to Appeal against the judgment of the Lahore High Court dated 18‑5‑1982 and 22‑5‑1982 which decisions on some other appeals stands set aside by the decision of the Appeal Bench already referred to.
After hearing the learned counsels at some length, we consider that important questions of law arise for consideration requiring an authoritative pronouncement of this Court. Some of these are as follows:‑
(1) Whether an Intra‑Court Appeal was at all competent and maintainable in view of the decision of this Court in Mst. Karim Bibi v. Hussain Bakhsh P L D 1985 S C 344.
(2) Whether the property in dispute was never acquired under section 4 subsection (2) of the Displaced Persons (Land Settlement) Act,1958 (hereinafter referred to as the Act), at no stage formed part of the Compensation Pool and was not, therefore, available for settlement of refugees.
(3) Whether the land in dispute in the absence of a notification under section 4(2) of the Act came to vest in the Provincial Government under section 3 of the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1973 and was available for adjusting the claim of the grantees belonging to the criminal tribe.
(4) The effect of the decision of this Court dated 22‑5‑1978 in Civil Appeal No. 188 of 1970 and others on the finality of the decision of the Additional Settlement Commissioner dated 1‑12‑1966 regarding the evacuee or non‑evacuee character of the interest in the light of the decision of this Court in Sahibrai v . The Custodian of Evacuee Property South Zone, West Pakistan, Karachi PLD 1957 SC 63.
Leave to appeal is granted. The appeals are to be heard on the present record with liberty to the parties to file such additional documents as they may consider necessary. Security for costs in the sum of Rs.1,000 each in two petitions filed by private persons.
The three review applications to come up for hearing along with the main appeals which should be made ready for hearing at Rawalpindi at an early date.
M.I. Leave granted.