Mst. AKBAR JAN Through Legal Heirs vs DEPUTY SETTLEMENT COMMISSIONER
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal filed by the legal heirs of the late Mst. Akbar Jan against the judgment of the Peshawar High Court, Circuit Bench, Abbottabad, dated 20th December 1989. The core legal questions concern whether the Deputy Settlement Commissioner retains the power to extend the period for depositing an auction price after previously ordering that default in payment within the stipulated period would result in the resumption of the property; whether any appeal, revision, or review lies against an order passed by a Notified Officer under subsection (3) of section 2 of the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975; and whether property resumed by the order of a Notified Officer must be disposed of under the North-West Frontier Province Disposal of Urban Evacuee Property Scheme-I of 1976. The Supreme Court granted leave to consider these questions, directed the petitioners to furnish security, and permitted the parties to rely on the present record and additional documents.
- Whether the Deputy Settlement Commissioner retains the power to extend the period for deposit of the auction price after ordering that default in payment within the stipulated period results in property resumption?
- Is there any appeal, revision or review available against an order passed by the Notified Officer under subsection (3) of section 2 of the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975?
- If property stands resumed by the order of the Notified Officer, does it become available and have to be disposed of under the North-West Frontier Province Disposal of Urban Evacuee Property Scheme-I of 1976?
- Section 2(3), Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975
ORDER
RUSTUM. S. SIDHWA, J.---This is a petition by the legal heirs of the late Mst. Akbar Jan, petitioners seeking leave to appeal against the judgment of the Peshawar High Court, Circuit Bench, Abbottabad, dated 20th December 1989.
2. Arguments heard.
3. Leave is granted to consider the following questions:--
(1) Where the Deputy Settlement Commissioner/Additional Settlement Commissioner, Abbottabad, has passed an order in the case that if auction price is not deposited within the stipulated period, the property would stand resumed, the Deputy Settlement Commissioner, Abbottabad, still retains the power to extend the period for deposit of the auction price?
(2) Where the Notified Officer passes an order under subsection (3) of section 2 of the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, is there any appeal, revision or review available against his order? '
(3) If the property stands resumed by the order of the Notified Officer, whether it becomes available and has to be disposed of under the Scheme known as North-West Frontier Province Disposal of Urban Evacuee Property Scheme-I of 1976?
4. The Petitioners shall furnish security in the sum of Rs.2,500. The appeal shall be heard on the basis of the present record. The parties are at liberty to file such further documents as they consider necessary and proper for the full and final disposal of the appeal.