| Citation(s) |
|---|
| 1995 SLG 1020 1995 SLD 1020 1995 CLC 626 |
Lahore High Court
Writ Petition No. 234 of 1987/BWP, decision dated: 13-12-1994
MALIK MUHAMMAD QAYYUM AND M. JAVED BUTTAR, JJ
M.M. Bhatti for Petitioner. M.S. Rizvi, Asstt. A.G. for
Respondents Nos. 1 and 3. Masood Ashraf Sheikh for
Respondent No. 2. Muhammad Jaffar Hashmi for Resident Director, Punjab Council of Arts
Writ Petition No. 234 of 1987/BWP, decision dated: 13-12-1994
MALIK MUHAMMAD QAYYUM AND M. JAVED BUTTAR, JJ
M.M. Bhatti for Petitioner. M.S. Rizvi, Asstt. A.G. for
Respondents Nos. 1 and 3. Masood Ashraf Sheikh for
Respondent No. 2. Muhammad Jaffar Hashmi for Resident Director, Punjab Council of Arts
CANTONMENT BOARD through Executive Officer
VS
SECRETARY, GOVERNMENT OF THE PUNJAB and 2 others
Law:
Section:
(a) Punjab Town Improvement Act (IV of 1922)-------S. 103---Municipal Administration Ordinance (X of 1960), S. 25--Cantonments Act (II of 1924), S. 3---Dissolution of Improvement Trust by Provincial Government with direction that respective Municipal Committees would take over all assets and liabilities of those trusts and would carry on their functions---Certain areas were included within the limits of Cantonment of that area---Cantonment Board on dissolution of Improvement Trust claimed ownership of all properties which were previously owned by Improvement Trust but were within administrative jurisdiction of Cantonment Board and which after dissolution of such trust stood transferred to Municipal Committee---Validity---Claim of Cantonment Board to be the owner of properties in question, was wholly unfounded---Such properties originally belonged to Improvement Trust and on its dissolution stood vested in Municipal Committee having jurisdiction over the area---Provision of S.103(2), Punjab Town Improvement Act, 1922, postulates that one of the effect of dissolution was that all properties, funds and dues which were vested in or realisable by the Trust would vest in and become realisable by respective Municipal Committee---Cantonment Board, therefore, could not claim ownership of properties in dispute---Cantonment Board was although authorised to exercise administrative control over the area within its limits but it could not claim to be the owner of those properties which previously vested in local Authority. (b) Cantonments Act (II of 1924)--- ----Ss. 110 & 111---Pakistan Cantonments Property Rules, 1957, R. 13---Land Acquisition Act (I of 1894), S. 4---Acquisition of property by Cantonment Board---Where Cantonment Board desires to take over any property it has to approach Federal Government for purpose of acquisition in accordance with provisions of Land Acquisition Act, 1894---Where any land or any other property (immovable) which vests in Provincial Government or belongs to a Local Body under the administrative control of Government was required by Cantonment Board for any purpose connected with the administration of Cantonment Board, it would apply to…
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