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

Section: 8,17

Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)--- ----Ss. 8 & 17---Evacuee Trust Property---Declaration---Educational Institutions, status of---Federal Government---Powers of revision---Implemention of order---Petitioner and Provincial Government sought implementation of order passed by Federal Government with regard to status of property in question---Validity---Mutation in question was incorporated in compliance of Cabinet Division decision dated 10-06-1976 which mutation was later on illegally cancelled by Chairman Evacuee Trust Property Board---Revisional authority in its order dated 04-06-2005 observed that the mutation was incorporated incompliance of the policy of Evacuee Trust Property Board, which was formulated in the light of decision of Federal Government in year 1976 and subsequent decision in year 1983 regarding possession of Educational Institutions---High Court directed Evacuee Trust Property Board to implement order passed by Federal Government / Revisional Authority in letter and spirit---Constitutional petition was allowed accordingly. JUDGMENT CH. MUHAMMAD IQBAL, JUSTICE:---.--- -Brief facts of the case, as contended by learned counsel for the petitioners are that the Government Boys High School Farooka was established in 1908 with the name of Committee Khalsa High School Farooka comprising land measuring 180 Kanal, which was donated by Sikh Community and the construction of School was made in 1908 and some grassy plots as well as playground were reserved for the students of the said school. The donated land was duly incorporated in the revenue record through mutation Nos. 154 and 156 dated 02.03.1919 as well as Mutation Nos. 447, 448, 449,450 dated 28.11.1940 and 455 dated 20.01.1941. The said school was remained under the management of the Khalsa Committee till 1947 and after creation of Pakistan some local inhabitants of the vicinity illegally occupied the portions of the said land. That the entire land as well as building of the school was taken over by the Evacuee Trust Property Board in 1970. As per the notification dated 10.06.1976 issued after the decision of the Cabinet Committee special meeting held on…

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