Law:

Section:

(a) North-West Frontier Province Public Property (Removal of Encroachments) Act (V of 1977)------Ss. 3 & 2(c)(j)---North-West Frontier Province Local Council (Property) Rules, 1980, R.7---Removal of structure---Cancellation of lease---Notice---Lease being for a period exceeding three years, sub-lease could not have been created by lessee without the 'previous permission of the Government as required by R.7, North-West Frontier Province Local Council (Property) Rules, 1980---Sublease having been created without such permission, lease of the original lessee was cancelled by the Authority with due notice for violation of R.7 of the said Rules---Sub-lessee, who initially was adversely affected by the said notice, could not vitiate the action for want of notice on him as there were no rights between the Authority and the sub-lessee---Service of notice on the original lessee thus, had satisfied the requirements of S.3, North-West Frontier Province Public Property (Removal of Encroachments) Act, 1977 in circumstances. (b) North-West Frontier Province Public Property (Removal of Encroachments) Act (V of 1977)-- ----Ss. 11, 12 & 13---Jurisdiction of Tribunal---Scope---Jurisdiction of Tribunal extends only to matters referred to in S.13 of the Act---Where the Tribunal has been vested with exclusive jurisdiction, the jurisdiction of Civil Court is barred to that extent---Tribunal having been vested with limited kind of jurisdiction, has no jurisdiction to determine rights between the parties---Tribunal could only determine as to whether any property was a public property or that any lease or licence in respect of such public property had not been determined for the purpose of the Act---Question as to whether the lessee or sub-lessee was entitled to the notice did not fall within ambit of jurisdiction of the Tribunal--Jurisdiction of Civil Courts, thus, would not be barred in the matters not referred to in S.13, North-West Frontier Province Public Property (Removal of Encroachments) Act, 1977. ORDER MAMOON KAZI, J.---The petitioner No. 1, being sub-lessee of plot measuring about 1322 sq. feet, which had initially been leased out to the second petitioner by the…

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