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

Section: 6/7

3569/09) Evacuee Trust Properties (Management and Disposal) Act, 1975 (XIII of 1975)-- ----S. 6/7--Punjab Katchi Abadis Act, 1992 (VIII of 1992)--Evacuee trust property--There is nothing on record to suggest that said land ever became evacuee trust property--The record of rights also does not mention that Board or Federal Government were owners--The said land was evacuee trust property whereupon it “shall vest in Federal Government” as per Section 6, and as such cited cases are not relevant--Since Chairman of Board had never determined that said land was evacuee property, and had come to vest in Board, this order too is no help to Board--Properties of Board are those which are part of “Trust Pool” or had been declared to be evacuee trust property as per Section 7 of Evacuee Trust Act--If said gentleman wanted to help homeless, nothing prevented him from distributing his own property, and, if he did so, he would be at liberty to affix his photograph on documents of title--To name public/government properties and anything planned, developed and/or managed from public/government funds or to project oneself, as in present case by getting one’s photograph affixed on sanads, violates Constitution, undermines Pakistan’s Islamic moorings, is without lawful authority. [P. 343, 344, 345 346] A, B, C, D, E PLD 1975 Central Status 79; 1989 SCMR 1636; PLD 1991 SC 586; PLJ 2004 SC 524 ref. ORDER Qazi Faez Isa, J.--This petition for leave to appeal assails the order dated 17 October 2018 passed by the learned Single Judge of the Rawalpindi Bench of the Lahore High Court who had allowed the writ petition filed by the private respondents. The writ petition had been filed because the Sub-Registrar (Urban) of District Rawalpindi was not registering sale deeds, leases and other documents of those who had acquired properties in certain land which had been declared to be a katchi abadiby the Directorate General Katchi Abadis, Government of the Punjab on 14 December 1989under the Punjab Katchi Abadis Act, 1992 (respectively ‘the said land’ and ‘the Act’).[1] The said land was declared to be a katchi abadi on the written request of the Mayor, Rawalpindi, conveyed through letter dated…

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