Law:

Section:

(a) North-West Frontier Province Public Property (Removal of Encroachment) Act (V of 1977)------ ----Ss.12 & 2---Constitution of. Pakistan (1973), Art.185(3)---Proposed auction of cinema by the Municipal Committee---Petitioner had acquired the cinema from the Settlement Department-in the year 1960 and the respondent Municipal Committee was not shown to be its owner in the Revenue Record---Petitioner, against the proposed auction by the Municipal Committee had filed a suit under S.12, N.-W.F.P. Public Property (Removal of Encroachment) Act, 1977 for declaration' to the effect that he was the owner in possession of the said cinema including the land and Municipal Committee did not have any right to auction the same, therefore, the notice/advertisement showing Municipal Committee as owner of land of the cinema in question and its auction was illegal and of no legal effect and also sought relief of permanent injunction to restrain the Municipal Committee from transferring the building and land through the proposed auction---Suit of the petitioner was dismissed by the Tribunal and Constitutional petition against such dismissal was also. dismissed by, the High Court ---Validity--­Leave to appeal was granted by the Supreme Court to consider the questions as to whether the Tribunal constituted under S.12 of N.-W.F.P. Public Property (Removal of Encroachment) Act (V of 1977) was possessed of any jurisdiction to resolve the dispute between the petitioner and respondent ­Municipal Committee, having a direct bearing on the question of ownership; whether the High Court had not fallen into an error of jurisdiction in not considering the transfer of the disputed cinema to the petitioner by the then Settlement Department; and whether in the facts and circumstances of the case, respondent-Municipal Committee could at all start any adverse action against the petitioner/transferee from the Settlement Department, without first issuing appropriate process against him for the alleged failure on his part to pay the lease money to it and that too before the Civil Courts of plenary jurisdiction. (b) North-West Frontier Province Public Property (Removal of Encroachment) Act (V of…

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