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

Section: 7

Evacuee Trust Board (Management and Disposal) Act (XIII of 1975)--- ----S. 7---Evacuee Trust Property---Declaration--- Petitioners assailed declaration issued by Chairman regarding property in question as Evacuee Trust Property---Validity---During proceedings before Chairman of the Board, petitioners did not produce any proof of their entitlement of allegedly abondand lands in Azad Jammu and Kashmir---Petitioners also did not produce relevant documents in respect of claim or its verification---Documentary proof of ownership was not brought before Chairman of Board and in revenue record property in question was in possession of tenants and under the management of Evacuee Trust Property Board since 1947---No other record was produced to prove that property in question was available in compensation pool to be allotted to petitioners---On the basis of material available on record, Chairman of the Board declared the suit property to be a Evacuee Trust Property attached to religious and charitable purpose---High Court declined to interfere in the matter, as there was no illegality or jurisdiction defect, nor there was misreading or non-reading of relevant record by the authorities below--- Constitutional petition was dismissed in circumstances. C.As. Nos.744 and 745 of 2014 and District Evacuee Trust Committee v. Mushraf Khan and 3 others 1989 SCMR 1636 rel. JUDGMENT FAZAL SUBHAN, J.---Through this single judgment, we propose to decide the instant as well as the connected Writ Petition No.1664- P/2022 titled Ch. Muhammad Aslam and others v. Federation of Pakistan through Chairman Federal Land Commission, Islamabad and others, as identical question of law and facts are involved therein. W.P No.1663-P/2022 2. It is claimed in the writ petition that Mst. Sardara Bibi widow of Barkat Ali, a displaced person, abandoned 523 Acre land in Azad Jammu Kashmir and preferred her claim as a displaced person and after due process of law i.e. verification of her claim, she was declared entitled to 28800 Produce Index Units (PIU) and was accordingly issued RL-II No.42, dated 20.05.1959 by the competent authority whereby she was allotted 4698 Kanals 16 Marlas land (hereinafter called…

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