Sh. HIDAYAT ULLAH vs THE SETTLEMENT COMMISSIONER (POLICY), PUNJAB
This petition for special leave to appeal is directed against the order of the High Court dismissing the petitioner's writ petition regarding the transfer of a brick kiln and the subsequent declaration of a portion of its land as Katchi Abadi. The core legal question involves the validity of the declaration and resumption of land under the Transfer of Evacuee Land Katchi Abadi Ordinance No. XX of 1972, following a notification by the Chief Settlement Commissioner. The Supreme Court held that the legislation correctly implements social justice policies to provide shelter to the homeless, that its retrospective enforcement is legally sound, and that no constitutional violation or breach of the statutory scheme was established. The petition was accordingly dismissed. The key principles laid down include the validity of retrospective social welfare legislation and the overriding effect of the Transfer of Evacuee Land Katchi Abadi Ordinance No. XX of 1972.
- Whether the Transfer of Evacuee Land Katchi Abadi Ordinance 1972 can be enforced retrospectively?
- Does the declaration of land as Katchi Abadi under the Transfer of Evacuee Land Katchi Abadi Ordinance 1972 violate constitutional provisions?
- Can a transferee challenge the resumption of land under section 4 of the Transfer of Evacuee Land Katchi Abadi Ordinance 1972 without showing a violation of the statutory scheme?
- Section 4, Transfer of Evacuee Land Katchi Abadi Ordinance 1972
- Section 7, Transfer of Evacuee Land Katchi Abadi Ordinance 1972
- Section 11, Transfer of Evacuee Land Katchi Abadi Ordinance 1972
ORDER
1. ' MUHAMMAD AFZAL Cheema, J.-This petition for special leave to appeal is directed against the order of the High Court dated 22-1-1974 whereby Writ Petition No, 82/R of 1973 filed by the petitioner was dismissed.
2. ' Petitioner is the transferee of a brick kiln in the revenue estate of Basti Khair Shah, Tehsil and District Multan. On the promulgation of Transfer of Evacuee Land Katchi Abadi Ordinance No, XX of 1972, the Chief Settlement Commissioner vide Notification No, POL-72, dated the 11th of August 1972, declared an area of 6 kanals and 12 marlas out of the total area of 27 kanals and 3 marlas under the brick kiln as Katchi Abadi. It stood resumed under section 4 of Ordinance XX of 1972. Section 7 of the Ordinance envisaged the framing of a scheme for the allotment of the resumed area of the Katchi Abadi. Section II ibid had the effect inter alia of the adoption of a similar scheme already framed under Martial Law Order No, 251 issued by Martial Law Administrator Zone 'C'. The provisions of Ordinance XX of 1972 were made overriding in effect.
3. Learned counsel has not been able to challenge the constitutionality of the Ordinance or to point out any violation of the scheme framed under section 7 ibid. This piece of legislation only reflects the implementation of the new policy and programme of social justice and is aimed at providing shelter to the homeless and the poor. No exception can be taken to its retrospective enforcement on the constitutional or legal plane. We have not been able to spell out any justification for the grant of leave to appeal. The petition is therefore dismissed.