ANWAR AHMAD LARI and others vs THE SETTLEMENT COMMISSIONER, LAHORE
This matter arises from petitions seeking leave to appeal against the judgment of the High Court, which upheld the transfer of Flat No. 21, Hall Road, Lahore, to respondent No. 3 under Settlement Scheme No. VIII, while dismissing the petitioners' writ petition. The core legal question was whether Flat No. 21, having been previously transferred to the petitioners along with Flat No. 22 and covered by a Permanent Transfer Deed (P.T.D.), remained available for transfer to a local under Settlement Scheme No. VIII. The Supreme Court held that although the initial transfer of both flats to the petitioner contravened the law and the P.T.D. could technically be challenged, Flat No. 21 was a distinct and separate unit that could not validly be transferred to the occupant of Flat No. 22. Since the High Court's order was fair, just, and equitable, the Supreme Court declined to exercise its discretionary jurisdiction to grant leave to appeal. The key principle laid down is that the Supreme Court will refuse to grant discretionary leave against a decision that achieves a just and equitable result, even if technical flaws exist in prior administrative actions.
- Whether a property already transferred under a Permanent Transfer Deed can be transferred to another applicant under Settlement Scheme No. VIII?
- Will the Supreme Court exercise its discretionary jurisdiction to grant leave to appeal against an order that is fair, just, and equitable despite technical irregularities?
- Are separate flats within a building considered distinct and separate units for the purpose of settlement laws?
ORDER
1. ' NASIM HASAN SHAH, J.--This order will dispose of the above two petitions as they relate to one and the same property.
2. ' The property in dispute is Flat No,21 in a building bearing Property No,S-50-R-35 situated at Hall Road, Lahore. Flat No,22, which is situated exactly on top of Flat No,21, is occupied by Anwar Ahmad Lari, petitioner No,1.
3. ' It appears that on the C.H. Form filed by petitioner No,1 both Flats Nos.21 and 22 were transferred to him and thereafter a P.T.D. Was also issued in his favour. In the meantime, he associated petitioners Nos. 2 to 5 (who are brothers and sisters) as transferees in the said two Flats. Respondent No,3 (Mrs. P.G. Irani), now deceased and respresented by her legal heirs being a local did not apply for the transfer in the beginning. However, after promulgation of Scheme No, VIII she applied for the transfer of Flat No,21 and was transferred the same by the Deputy Settlement Commissioner vide order dated 18-4-1974. The petitioners challenged the transfer through a writ petition in the High Court asserting that Flat No,21 having been already transferred to them was not available for transfer and hence could not be transferred under Settlement Scheme No,VIII to Mrs. Irani; moreso when a P.T.D. Had even been issued in respect of its transfer in favour of the petitioners. The High Court, however, rejected the Writ Petition holding that Flat No,21 was a distinct property and that as the petitioners were not entitled to more than one house the P.T.D. In respect of Flat No,21 could be ignored as its transfer was obtained in contravention of the law. Hence this petition for leave.
4. ' Mr. S.A. Manan has criticised the order of the High Court contending that both the flats were treated as one property and transferred to the petitioners and after the P.T.D. Was issued in their favour the Settlement authorities had no jurisdiction to entertain the form of the respondent under Settlement Scheme No,VIII, as Flat No,21 was not "available for transfer at that time.
5. There is some force in these contentions but we feel that in so far as Flat No,21 was a distinct and a separate unit it could not have been transferred to the occupant of Flat No,22 in the first place and the transfer of the two flats to petitioner No,1 was indeed in contravention of the law. In so far as a fair, just and equitable order has been passed by the High Court we are not inclined to exercise our discretionary jurisdiction to grant leave to appeal in such a case.
Cited by 3 cases
- MUHAMMAD NADEEM ARIF and others vs INSPECTOR GENERAL OF POLICE, PUNJAB, LAHORE and others 2010 PLJ SC 538
- MUHAMMAD NADEEM ARIF and others vs INSPECTOR-GENERAL OF POLICE, PUNJAB, LAHROE and others 2010 PLC (C.S.) 924
- MUHAMMAD NADEEM ARIF and others vs INSPECTOR-GENERAL OF POLICE, PUNJAB, LAHORE and others 2011 SCMR 408