Law: Pakistan (Administration of Evacuee Property) Ordinance, (XV of 1949)

Section: 2(1) ,5(3),16,17

Law: Evacuee Trust Properties (Management and Disposal) Act, 1975

Section: 8

SUMMARY

The Federal Board of Revenue (FBR), representing the Government of Pakistan, filed a constitutional petition challenging the declaration of the Guru Mandar Building (Survey No. 229, Jamshed Quarters, Karachi) as evacuee trust property by the Evacuee Trust Property Board (ETPB). The FBR has occupied the building since 1961, claiming lawful purchase and continuous use for over sixty years. The ETPB, however, declared all transactions after the Guru Mandir Association’s ownership void, ordering the building’s return to the Board as evacuee trust property.

The core legal dispute revolves around whether the transfer of the building from the Guru Mandir Association to a private entity (FSC), and subsequently to the Government of Pakistan, was valid under the Pakistan (Administration of Evacuee Property) Ordinance, 1949. The respondents argued that approvals for the transfer were not issued by the proper authority (“Custodian”), rendering the transactions void. The court analyzed the relevant legal provisions and determined that the approvals given by Additional Custodians were valid under the definition provided in the law.

CORE POINTS

Background of Ownership: