Law: Constitution of Pakistan, 1973

Section: 185(3)

Martial Law Regulation, 1983 [ CMLA's] No. 57--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to examine that the order challenged in the Constitutional petition being of a date prior to enforcement of Martial Law Regulation No. 57 could not be taken to be by an Authority designated under Martial Law Regulation No. 57, nor a challenge to it by a Constitutional petition could be considered as a challenge falling within para. 4 of M.L.R. 57 resulting in abatement, that if the decision on facts had not been properly taken by the impugned order of the Chairman, Evacuee Trust Property Board, then finality could not attach to it and that the designated Authority under the M.L.R. 57 had to take a decision after the enforcement of the Regulation before any sanctity could be pleaded for it. Akhtar Mahmood, Advocate Supreme Court and Advocate-on-Record for Petitioner. S.H. Farni, Advocate Supreme Court and R.A. Qureshi, Advocate-on­Record for Respondents. Date of hearing., 20th September, 1988. JUDGMENT SHAFIUR RAHMAN, J.--The petitioner, a vendee, from an auction purchaser from the Settlement Department, seeks leave to appeal against the judgment of the High Court of Sind dated 16-12-1986 whereby the Constitutional petition fled by him was held to ?save abated under Martial Law Regulation No. 57. The admitted facts of the case are that Mst. Amina Begum (respondent No. 4) purchased plots in dispute in open auction held by the Settlement Department after proper advertisement and P.T.D. was also issued to her, in or near about 1964. Martial Law Regulation No. 57 was promulgated on the 22nd of June, 1983. It authorised the designated persons to determine whether the land specified in the Schedule had been "acquired, entered upon or taken possession of by any person illegally or by fraud, misrepresentation or otherwise" then that person had the power to cancel such acquisition or as the case may be, order the ejectment of such person and order that the said property shall forthwith be restored. to the Evacuee Trust Property Board free from all encumbrances. Prior to the enforcement of Martial Law Regulation No. 57, Mst. Amina Begum had moved the…

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