Case Details

Citation(s)
1999 SLG 646 1999 SLD 646 1999 PLD 26
Supreme Court of Pakistan
Civil Petitions Nos.53-Q, 57-Q and 79-Q of 1998, decision dated: 30-09-1998
SH. RIAZ AHMED AND WAJIHUDDIN AHMED, JJ
Basharatullah, Senior Advocate Supreme Court and S.A.M. Quadri, Advocate-on-Record (in C.P. No. 53-Q of 1998). M. Aslam Chishti, Senior Advocate Supreme Court and Mrs. Ashraf Abbas, Advocate-on-Record (in C.P. No. 57-Q of 1998). Abdul Samad Dogar, Advoc

PERVAIZ OLIVER and others

VS

St. GABRIAL SCHOOL through Principal and others

Law:

Section:

(a) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)------S. 17---Revision---Vesting of revisional powers with Secretaries to the Provincial and Federal Government---Supreme Court expressed serious concern about the vesting of such powers and observed that such officers rarely find time to apply themselves to vital controversies, often involving corrupt practices and mala fide proceedings of subordinates, resulting in flooding of Courts with work, which should best be tackled by vigilant and scrupulous superiors in the Departments and Ministries themselves---Supreme Court further observed that such regretable state of. affairs should meet the prompt and meaningful attention of the Law and Justice Division of the Federal Government. (b) Evacuee Trust Properties (Management and disposal) Act (XIII of 1975)-- ------S. 4---Scheme for the Management and Disposal of Evacuee Trust Properties, 1971, paras. 10 & 11---Functionaries of the Evacuee Trust were not authorised to cursorily bifurcate and dispose of a Gurdawara which was neither a residential nor a commercial nor an industrial property---Such order of functionaries and all other orders leading to disposal of such property were void and of no legal effect---Respondent could, if it chose, claim damages both from officials and private parties alike. (e) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975)-- ----S. 4(2)---Disposal of property---No public property, big or small, tangible or intangible, can be disposed of except in accordance with law---Functionaries who transgress, expose themselves to the severest of penalties under law, the cardinal principle being that the higher the functionary, the higher the responsibility and, for that reason, the stricter the punishment. (d) Public property--- ---- Disposal of---No public property, big or small, tangible or intangible, can be disposed of except in accordance with law---Functionaries who transgress, expose themselves to the severest or penalties under law, the cardinal principle being that the higher the functionary, the higher the responsibility and, for that reason, the stricter the punishment. Supreme Court…
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