| Case ID |
3998fcb4-4a67-408e-a937-ef035e88f6d0 |
| Body |
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| Case Number |
Writ Petitions Nos.3344-R, 3099-R and 1531-R of 20 |
| Decision Date |
Nov 01, 2023 |
| Hearing Date |
Oct 19, 2023 |
| Decision |
The court set aside the order dated 14th September 2023, declaring it illegal and unlawful. The Chairman of the Evacuee Trust Property Board (ETPB) is instructed to hold a thorough inquiry into the status of the properties in question, ensuring that the petitioners are afforded reasonable opportunity for hearing. The property in dispute was ordered to be de-sealed pending the fresh inquiry. The decision emphasized the importance of adhering to the provisions of the Evacuee Trust Properties (Management and Disposal) Act, 1975, particularly regarding the determination of property status and the need for fair hearing under natural justice principles. |
| Summary |
This case revolves around the legal status of certain properties in Rawalpindi, claimed by the petitioners to be their lawful ownership based on registered sale deeds. The respondents, representing the ETPB, contested these claims, asserting that the properties in question are evacuee trust properties. The Lahore High Court, presided over by Justice Mirza Viqas Rauf, emphasized the necessity of a proper inquiry into the status of these properties, guided by the Evacuee Trust Properties (Management and Disposal) Act, 1975. The court ruled in favor of the petitioners by setting aside the previous decision made by the Chairman of the ETPB, which had been deemed unlawful due to a lack of fair hearing. This ruling highlights the principles of natural justice and the procedural requirements that must be followed in determining property rights, particularly in cases involving evacuee properties. The court's decision allows for the de-sealing of the properties while a thorough inquiry is conducted, ensuring that the petitioners' rights are adequately protected. This case is significant in the context of property rights, natural justice, and the management of evacuee trust properties in Pakistan. |
| Court |
Lahore High Court, Rawalpindi Bench
|
| Entities Involved |
Government of Pakistan,
Evacuee Trust Property Board
|
| Judges |
Mirza Viqas Rauf
|
| Lawyers |
Sardar Abdul Raziq Khan,
Hafiz Ehsan Ahmad Khokhar,
Asif Khan,
Muhammad Siddique Awan,
Tahir Raheel Awan,
Muhammad Shahid Munir,
Ch. Imran Hassan Ali
|
| Petitioners |
Rizwan Ali Sayal and others
|
| Respondents |
Federation of Pakistan and others
|
| Citations |
2024 SLD 2884,
2024 CLC 406
|
| Other Citations |
Assistant Administrator, Evacuee Trust Property v. Muhammad Ayub and others 2003 SCMR 841,
Izhar Alam Farooqi, Advocate v. Sheikh Abdul Sattar Lasi and others 2008 SCMR 240,
Mst. Rehmat Bibi and others v. Federal Secretary, Government of Pakistan, Ministry of Minorities and 3 others 2020 MLD 440,
Muhammad Sadiq Khan v. Secretary to Government of Pakistan, Ministry of Minorities (Minorities Affairs Division), Islamabad and others 2014 SCMR 478,
Secretary to the Government of Pakistan, Minorities Affairs Division, Islamabad and 2 others v. Mst. Shah Jehan Bano and others 2005 SCMR 907,
Fayyazuddin Khan v. Federal Government of Pakistan through Secretary to the Government of Pakistan, Minorities Affairs Division, Islamabad and others 2009 SCMR 362,
Sana Jamali v. Mujeeb Qamar and another 2023 SCMR 316,
Farzand Raza Naqvi and 5 others v. Muhammad Din through Legal Heirs and others 2004 SCMR 400,
Federal Government of Pakistan and another v. Khurshid Zaman Khan and others 1999 SCMR 1007,
Kuldip Chand and another v. Advocate General to Government of Himachal Pradesh and others AIR 2003 SC 1685
|
| Laws Involved |
Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975
|
| Sections |
8,
10
|