SARDAR MUHAMMAD and others vs MEMBER (CONS.), BOARD OF REVENUE, PUNJAB and others
This matter arises from a petition for leave to appeal directed against the dismissal of a writ petition by the High Court in a consolidation case. The core legal question concerns whether the Haveli in dispute, being originally an evacuee property in the possession of the petitioners, stood automatically transferred to them under Settlement Scheme No. VII without requiring a formal order or payment. The Supreme Court held that the contentions raised regarding the automatic transfer of the evacuee property under Settlement Scheme No. VII require deeper examination. Consequently, the Court granted leave to appeal to examine the legal aspects surrounding the automatic disposal of evacuee property and directed that the appeal be heard along with other similar cases.
- Whether an evacuee property in possession of a party stands automatically transferred under Settlement Scheme No. VII without a formal order or payment?
- Can a Haveli claimed as evacuee property be included in the consolidation pool?
- Does Settlement Scheme No. VII dispense with the need for making payment for the transfer of evacuee property?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the petitioners against the dismissal by the High Court of their writ petition, which had arisen out of a consolidation case.
2. The petitioners' plea was that the Haveli in question could not have been included in the consolidation pool; and that, in any case, it could not have been given to any party other than the petitioners because it being originally an evacuee property, was in possession of the petitioners.
3. And that being so, it stood automatically transferred to them under Settlement Scheme No,VII without the need for the formal order in that behalf; nor there was any need for making any payment by the petitioners.
4. ' After hearing the learned counsel, we feel that the aspect of the case highlighted by the learned counsel regarding the automatic transfer of the Haveli in dispute to the petitioners under Settlement Scheme No,VII and other questions raised in this petition require examination.
5. ' Leave to appeal, accordingly, is granted. Security Rs, 5,000.
6. The appeal shall be heard with other similar cases regarding automatic disposal of evacuee property under Settlement Scheme No,VII, the particulars whereof shall be furnished by the learned counsel/AOR for the petitioners.
7. ' The appeal shall be prepared on the present record with direction far filing of all necessary documents.