| Citation(s) |
|---|
| 2004 SLG 2855 2004 SLD 2855 2004 PLD 430 |
Supreme Court of Pakistan
Civil Appeal No. 2220 of 1998, heard on 21st January, 2004.
IFTIKHAR MUHAMMAD CHAUDHRY, RANA BHAGWANDAS AND SARDAR MUHAMMAD RAZA KHAN, JJ
Maqbool Ellahi Malik Senior Advocate Supreme Court for Appellants. Hafiz S.A. Rehman, Senior Advocate Supreme Court for
Respondents Nos. 1 and 2. Ex parte.
Respondents Nos.3 and 4
Civil Appeal No. 2220 of 1998, heard on 21st January, 2004.
IFTIKHAR MUHAMMAD CHAUDHRY, RANA BHAGWANDAS AND SARDAR MUHAMMAD RAZA KHAN, JJ
Maqbool Ellahi Malik Senior Advocate Supreme Court for Appellants. Hafiz S.A. Rehman, Senior Advocate Supreme Court for
Respondents Nos. 1 and 2. Ex parte.
Respondents Nos.3 and 4
MIRAJ DIN and 56 others
VS
EVACUEE TRUST PROPERTY BOARD, Lahore and others
Law:
Section:
(a) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)--- ----S. 10---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to consider; whether S.10 of Evacuee Trust Properties (Management and Disposal) Act, 1975, was attracted in the case; and what was the effect of s passed by High Court in Writ Petition No.384 of 1968 and Writ Petition No. l l-R of 1971. Writ Petitions Nos. 718 and 805 of 1962 ref. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----S. 5---Evacuee property---Status of such property being trust property--- Determination---Chief Settlement Commissioner was competent under S.5 of Displaced Persons (Land Settlement) Act, 1958, to determine the status of property namely as to whether it was an evacuee property or not. (c) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----S. 5---Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975), S.10---Evacuee property---Status of such property being trust property--- Determination---Agriculture land allotted to the appellants was cancelled by the Chairman Evacuee Trust Property Board on the ground that the property was a trust property and was not available for allotment---Federal Government in exercise of revisional jurisdiction restored the allotment- -High Court in exercise of Constitutional jurisdiction allowed the petition filed by the authorities against the order of Federal Government and the order passed by the Chairman was restored---Agriculture land in dispute had been irrigated through canal water since 1956, when the same was transferred to the appellants against their verified claims---Status of the land in the allotment letter had not been shown to be Ghair Mazroa i.e. uncultivable agriculture land, but it had been shown to be Mazroa i.e. cultivable agriculture land---Effect---Unless in the light of available record such question was determined in depth by the Chairman Evacuee Trust Property Board in exercise of powers under S.10(2)(3) of Evacuee Trust Properties (Management and Disposal) Act, 1975, it would be unfair to non-suit the appellants solely for the reason that by means of general…
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