Law: Punjab Local Council (Property) Rules, 2003

Section: 9(2)(e),16(c),124,18(24),18(22)

Law: Punjab Local Council (Property) Rules, 2003

Section: 9(2)(e),16(c),124,18(24),18(22)

Law: Punjab Local Government Ordinance (VI of 1979)

Section: 122

Law: Petroleum Rules, 1937

Section: 115

(a) Punjab Local Government Ordinance (XIII of 2001)-------Ss. 124 (2), 195 & Sixth Schedule, item 64---Punjab Local Council (Property) Rules, 2003, Rr. 9 (2) (e), 16 (c) & 18---Punjab Local Councils (Contract) Rules, 1981, R.4---Constitution of Pakistan, Arts.4, 10-A, 18, 23 & 199---Lease---Enhancement of rent---Forcible dispossession---Grievance of petitioners was that there had been a valid lease of plot in question in their favour since 1961, but Tehsil Municipal Administration forcibly dispossessed them from plot in question---Plea raised by authorities was that lease in question was executed in violation of the provisions of Punjab Local Council (Property) Rules, 2003 and petitioners were not paying rent according the market rate which had made out a case for enhancement of rent against the petitioners---Validity---Petitioners were entitled to a "reasonable notice" for enhancement of rent (variation in the terms of the lease) and in the case of their non-acceptability, for cancellation of their lease---Authorities had woken up (it is not clear whether TMA woke up on its own motion or was driven by some other vested interest) from a long slumber with a shuddering realization to immediately protect and safeguard interest of Tehsil Municipal Administration and public exchequer but in their overzealousness, insensitively trampled upon due process and rule of law guaranteed to the petitioners under the Constitution---Tehsil Municipal Administration had offended fundamental and constitutional rights of petitioners, bypassing the process provided under section 195 and the schedule to Punjab Local Government Ordinance, 2001, and violating the protections guaranteed under Articles 4, 10A, 18 and 23 of the Constitution---Rushing directly to auction leasehold rights without giving notice to existing tenants i.e. petitioners, in terms of the Schedule (which enjoyed higher legislative status than the Rules), was unabashedly unconstitutional and a blatant violation of Punjab Local Government Ordinance, 2001---Initiation of auction proceedings and resulting auction was in violation of Punjab Local Council (Property) Rules, 2003---High Court, in exercise of…

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