| Citation(s) |
|---|
| 2016 SLG 1383 2016 SLD 1383 2016 MLD 91 |
Lahore High Court
Writ Petition No. 99-R of 2003, heard on 19th May, 2015. Date of hearing: 19th May, 2015.
IBAD-UR-REHMAN LODHI, JUSTICE
S.M. Tayyab for Petitioner (in W.P. No. 99-R of 2003). Sajjad Hussain for Petitioner (in W.P. No. 138-R of 2003). Mohammad Shahzad Shaukat for Petitioner (in W.P. No. 154-R of 2003). Syed Naghman Haider Zaidi for
Respondents. Sameer Ejaz for Settlemen
Writ Petition No. 99-R of 2003, heard on 19th May, 2015. Date of hearing: 19th May, 2015.
IBAD-UR-REHMAN LODHI, JUSTICE
S.M. Tayyab for Petitioner (in W.P. No. 99-R of 2003). Sajjad Hussain for Petitioner (in W.P. No. 138-R of 2003). Mohammad Shahzad Shaukat for Petitioner (in W.P. No. 154-R of 2003). Syed Naghman Haider Zaidi for
Respondents. Sameer Ejaz for Settlemen
ABDUL HAI THROUGH L.RS. AND OTHERS ERS
VS
SETTLEMENT AUTHORITIES AND 16 OTHERS --Respondent
Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975
Section: 2(2)
Law: Constitution of Pakistan, 1973
Section: 199
Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975) --------- ----------S.2(2) --------- Constitution of Pakistan, Art.199 --------- Constitutional petition --------- 'Big mansion' --------- Declaration --------- Earlier, matter was remanded to Notified Officer on the ground that Chief Settlement Commissioner did not declare the building in question as 'big mansion' --------- In post remand proceedings Notified Officer while relying upon parawise reply filed in earlier petition, found that Chief Settlement Commissioner had already declared the building as `big mansion' --------- Validity --------- Requirement was that a prior declaration by Chief Settlement Commissioner or an officer authorized by Central Government in such behalf to the effect that a building or premises whether residential or commercial, had been declared as a big mansion or Hotel to dispose of the same by unrestricted public auction --------- Such pre-requisite was not fulfilled and Notified Officer had acted only on presumptions and an annexure to earlier petition, which had been equated with a declaration specifically required under para 16 of the Schedule, which act had no legal sanction --------- Annexure in question could in no manner be termed as a declaration by Chief Settlement Commissioner or any Notified Officer by Central Government in such regard --------- Act of authorities in putting property in unrestricted public auction, in absence of any required declaration was unauthorized and illegal, the same had no legal sanction and was liable to be set aside --------- High Court declared auction proceedings irregular, unauthorized having no legal effect or bearing upon entitlement of persons in possession of the property to be considered as entitled to get the property, as the same were conducted without there being any required declaration --------- High Court declared that order passed by Notified Officer was passed without lawful authority and of no legal effect and the same was set aside --------- High Court directed that if occupants of the property, including the petitioners, would so apply, be considered for transfer of the properties in their possession in…
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