Law:

Section:

Constitution of Pakistan (1973)--- Art. 185(3) read with Art. 199 Petitioner occupying, on Tehbazari basis, State land forming part of public park reserved in housing Scheme Board of Revenue refusing plea of petitioner for sale of such land, objecting to competency of Municipal Committee to lease out same on Tehbazari basis and directing that land be sold by public auction High Court while dismissing petitioner's writ petition filed against Board of Revenue's order, holding Board's direction to put disputed land to public auction as without lawful authority and directing Municipal Committee to dispossess petitioner and restore site as part of public park Order of High Court found to be in accord with general public policy and law relating to public amenities Held, cannot be interfered with by Supreme Court. ORDER M. S. H. QURAISHI, J: The dispute relates to an area measuring 3 marlas 5 1/2 sarsais within the municipal limits of Faisalabad Town, which the petitioners have been occupying on Tehbazari basis. They applied to the Board of Revenue for sale of the area in their favour but the plea was refused by the Board of Revenue vide order dated 2f 4 1976. The Board observed that the land which belongs to the State was under the management of the District Council and as such the Municipal Committee had no right to lease it out to the petitioners on Tehbazari basis and directed that the same be sold by open auction in which the petitioners could also participate if they so liked. 2. The petitioners challenged the order by a writ petition which was dismissed by the impugned order announced on 6 2 1980. Hence this petition. 3. The High Court after a detailed examination of the nature of the property held: "Admittedly the site was encroached upon by the petitioners in the year 1968 and then for the use of the site they procured the licence of encroachment from the Municipal Officer in the year 1969, who acted in granting the licence without lawful authority as the site was the part of the public park reserved in the Scheme sanctioned by the Government and the Municipal Committee was given authority for the purposes of maintenance of the Scheme." From a plan of the…

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