Law:

Section:

Natural justice, principles of-Opportunity of hearing-Lease of evacuee trust land cancelled unilaterally and without assigning reason-Cancellation, held, not valid. Ch. Ghazanfar Ali Gondal, Advocate Supreme Court instructed by Syed Wajid Hussain, Advocate-on-Record for Appellants. J. H. Rizvi, Senior Advocate Supreme Court (Abrar Hassan Naqvi, Advocate Supreme Court with him) instructed by Rana Maqbool Ahmad, Advocate-on-Record for Respondent No. 1. Respondent No. 2: Ex parte. Ghulam Mohyuddin, Advocate Supreme Court instructed by Sh. Masud Akhtar, Advocate-on-Record for Respondent No. 3. Dates of hearing :12th and 14th January 1972. JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal, by special leave, arises out of an order of a Division Bench of the former High Court of West Pakistan, Lahore Seat, dismissing a Writ Petition in lirnine. This writ petition was filed by the present appellants to call in question the validity of an order made on the 22nd of September 1964, by the Secretary, Evacuee Property Trust Board (respondent No. 1), whereby a lease granted to the appellants of 166 acres, 6 kanals and 5 marlas of evacuee lands situated in Patti Bal Leela, Nankana Sahib, District Sheikhupura, was purported to be cancelled. It appears that the Evacuee Trust Board; Government of Pakistan, had decided to lease out 5,185 acres of evacuee trust land in Sheikhupura District, which -was of inferior quality for a period of ten years on tube-well system subject to the following conditions :- (1) The lease should be by public auction. (2) The lessee can instal a well or a tube-well but he will not be entitled to claim for this period compensation after the expiry of the period. (3) The lease will be for ten years and will remain value if lease money for every year is paid in advance. This decision was conveyed to the Commissioner and Chairman, Divisional Evacuee Trust Committee, Lahore, by the Board's Memorandum No. XIV/9/(63)/896, dated Lahore, the 16th March 1963. In pursuance to this decision an auction was held on the 29th of July 1963, in several lots. Lot 1 consisted of 166 acres, 6 kanals and 5 marlas, out of which 76 acres 1 kanal and 12 marlas were cultivated and…

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