Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 3

Law: Civil Procedure Code (V of 1908)

Section: 79

Law: Constitution of Pakistan, 1973

Section: 174,199

Law: Scheme for Management and Disposal of Available Urban Evacuee Properties (1977)

Section: 1(d),6,11,12,30

(a) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 3---Scheme for the Management and Disposal of Urban Evacuee Trust Properties, 1977---Transfer of property---Private treaty---Scope---No provision was available in Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975 and Scheme for Management and Disposal of Urban Evacuee Trust Properties, 1977 for alienation of property through private treaty. (b) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 3---Scheme for Management and Disposal of Urban Evacuee Trust Properties, 1977, Paras. 1(d), 6, 11, 12 & 30---Civil Procedure Code (V of 1908), S. 79--- Constitution of Pakistan, Arts.174 & 199---Constitutional petition---Evacuee property, disposal of---Private treaty---Necessary party, absence of---Sale by auction---Petitioners were aggrieved of orders passed by Chief Settlement Commissioner to allow unrestricted public auction of suit property which was declared evacuee property---Validity---Chief Settlement Commissioner after repeal of evacuee laws was not competent to adopt whimsical procedure to dole valuable state land upon cherished one through a private treaty---State functionary was under strict obligation to show utmost fidelity to safeguard benefit of State and show extraordinary care and caution while dealing with disposal of State assets and apply their best intelligent potentials to protect and preserve State assets with their utmost integrity and bona fide---No provision existed in law or in scheme for sale of State land through private treaty and no policy existed in which Notified Officer was shown competent to dispose of urban evacuee property through private understanding---Mandatory for the State functionary that disposal of evacuee/ State land would be made through unrestricted public auction---Province was not arrayed as party which was violation of S. 79, C.P.C. as well as Art. 174 of the Constitution---No endeavor was made by petitioners to implead Province as party which was an inherent and fatal flaw---Provincial government was necessary party under the law as in any suit by or against government if Provincial…

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