Law:

Section:

North-West Frontier Province Public Property (Removal of Encroachment) Act (V. of 1977)--S.12---Constitution of Pakistan (1973), Art.185(3)---Removal of encroachment on public property---Resolving of dispute by Tribunal constituted under S.12 of North-West Frontier Province Public Property (Removal of Encroachment) Act, 1977---Jurisdiction---Leave to appeal was granted by Supreme Court to consider the questions whether the Tribunal was possessed of any jurisdiction to resolve dispute between the petitioner and Municipal Committee, having a direct bearing on the question of ownership; whether High Court had not fallen into an error of jurisdiction in not considering the transfer of the disputed property to the petitioner by the then Settlement. Department and whether the Municipal Committee could at all start any adverse action against the petitioner/transferee from the Settlement Department, without first issuing appropriate process against the petitioner for the alleged failure on his part to pay the lease money to the Municipal Committee and that too before Civil Courts of plenary jurisdiction. Mushtaq Ali Tahirkheli, Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Muhammad Munir Peracha, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Respondents. Date of hearing: 18th December, 1997 ORDER CH. MUHAMMAD ARIF, J.---Petitioner came to know about the efforts of the Municipal Committee, Abbottabad to auction Empire Cinema, Abbottabad on 17-2-1979 at 10-00 a.m. He filed a suit under section 12 of N.-W.F.P. Public Property (Removal of Encroachment) Act V of 1977 (hereinafter called the Act). His suit was registered under No. 17/1 of 1979. The suit was for declaration to the effect that he is owner in possession -of Empire Cinema including the land underneath and that defendant-Municipal Committee is not possessed of any right to auction the same. According to the petitioner/plaintiff, notice/advertisement, dated 14-2-1979, showing the respondent-Municipal Committee as owner of the cinema in question, and fixation of date for auction i.e., dated 17-2-1979, are illegal and of no legal effect. A permanent…

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