| Case ID |
163793d4-487c-463f-a1e2-b517d1cf62b9 |
| Body |
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| Case Number |
W.P. No. 7411 of 2023 |
| Decision Date |
May 13, 2024 |
| Hearing Date |
May 13, 2024 |
| Decision |
The Lahore High Court ruled in favor of the petitioners, allowing the writ petition on the grounds that the petitioners were not afforded the opportunity to be heard in the reference filed before the Chairman of the Evacuee Trust Property Board. The court found that the process followed for the cancellation of allotment lacked due diligence and did not comply with the necessary legal requirements. The orders dated 04.06.2005 and 10.06.2020 were set aside, and the matter was remanded for fresh determination, ensuring that the petitioners and the Settlement Department are duly heard. This case underscores the importance of procedural fairness in administrative actions regarding property rights, particularly in cases involving evacuee properties. |
| Summary |
This case revolves around the legal proceedings concerning the allotment of evacuee property under the Evacuee Trust Properties (Management and Disposal) Act, 1975. The Lahore High Court addressed critical issues of due process, highlighting the necessity for all parties to be heard before any administrative decisions are made regarding property rights. The petitioners, who purchased the property in question, were not made parties to the initial reference that sought to cancel the allotment made to the original allottee, Bismillah Begum. The court's decision emphasized that attributing knowledge of proceedings to the petitioners without notifying them is legally untenable. The ruling reinforces the significance of compliance with procedural requirements in administrative law, particularly when it comes to property disputes involving evacuee properties. The court's allowance of the writ petition and the directive for a fresh hearing serve as a reminder of the judicial commitment to safeguarding the rights of individuals against unsubstantiated administrative actions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Shams Mehmood Mirza, J.
|
| Lawyers |
Syed Salman Haider Jaffari Advocate,
Mian Muhammad Aslam Pervaiz Advocate,
Mian Abdul Sattar Ijaz Advocate,
Mr. Sheraz Zaka, Assistant Attorney General
|
| Petitioners |
MUHAMMAD TAHIR HAYAT etc.
|
| Respondents |
FEDERATION OF PAKISTAN and others
|
| Citations |
2024 SLD 4058,
2024 PLJ 143
|
| Other Citations |
Not available
|
| Laws Involved |
Evacuee Trust Properties (Management and Disposal) Act, 1975,
Constitution of Pakistan, 1973
|
| Sections |
8,
10(1),
199
|