Mst. SHAKIRA SULTANA and 3 others vs PAKISTAN RANGERS, LAHORE and 7
This matter concerns a petition for leave to appeal against a judgment of the Lahore High Court, which had remanded a case to the Board of Revenue/Chief Settlement Commissioner for a fresh decision. The core legal question presented to the Supreme Court is whether an application for reopening a case, filed on 30-10-1974, could be legally entertained by the Settlement Authority following the repeal of the Displaced Persons (Compensation and Rehabilitation) Act 1958 by the Evacuee Property and Displaced Persons Laws (Repeal) Act 1975 (Act XIV of 1975), which became effective on 1-7-1974. Specifically, the petitioners contend that the application did not qualify as a pending case under Section 2 of the Repeal Act, thereby depriving the Board of Revenue of jurisdiction to reopen the matter. The Supreme Court, finding that the contention regarding the lack of jurisdiction requires detailed examination, granted leave to appeal. The Court further directed the parties to maintain the status quo pending the final decision of the appeal, thereby staying the effect of the High Court's remand order.
- Can a settlement authority reopen a case based on an application filed after the repeal of the Displaced Persons (Compensation and Rehabilitation) Act 1958?
- Does an application filed after the commencement of the Evacuee Property and Displaced Persons Laws (Repeal) Act 1975 constitute a pending case under Section 2 of said Act?
- Section 2, Evacuee Property and Displaced Persons Laws (Repeal) Act 1975
- Displaced Persons (Compensation and Rehabilitation) Act 1958
ORDER
1. ' SAIDUZZAMAN SIDDIQUI, J.---The petitioners are seeking leave to appeal against the judgment of a learned Judge in Chambers of Lahore High Court dated 6-12-1993 whereby the learned Judge accepted Writ Petition No,28-R of 1979 and remanded the case to the Board of Revenue/Chief Settlement Commissioner for entrusting the case to notified officer for fresh decision in accordance with the law.
2. The learned counsel for the petitioners in seeking leave to appeal contended that the learned Judge while remanding the case to the Board of Revenue/Chief Settlement Commissioner failed to take into consideration that the application filed by respondent No,1 for reopening of the case was made on 30-10-1974 after the repeal of Displaced Persons (Compensation and Rehabilitation) Act 1958 by Act XIV of 1975 which came into effect on 1-7-1974. The application filed by respondent No,1 before the Settlement Authority, therefore, could not be treated as a pending case within the scope of section 2 of the Act XIV of 1975 so as to give jurisdiction to the Board of Revenue to reopen the case. The contention raised by the learned counsel requires examination and we, accordingly, grant leave to appeal to consider the same. The parties are directed to maintain status quo until decision of the appeal. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.