Law: Scheme for the Management and Disposal of Evacuee Trust Properties, 1971

Section: 10(1)

Law: Constitution of Pakistan, 1973

Section: 199

Law: Evacuee Trust Properties (Management and Disposal) Act, 1975

Section: 2(d),8,16

(a) Scheme for the Management and Disposal of Evacuee Trust Properties, 1971--- ---Cl. 10(1)---Evacuee Trust Properties Management and Disposal Act (XIII of 1975), Ss.8 & 2(d)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Taking over of control and management of evacuee trust property by Evacuee Trust Property Board by notification---Validity---Committee of Management of the Evacuee Trust Property had resolved to hand over the Hospital (trust property) to the Municipal Committee and Municipal Committee had taken over the control thereof with the sanction of the Commissioner of the Division---Administrator Evacuee Trust Property, in exercise of his powers conferred on him by Cl.10(1) of the Scheme for the Management and Disposal of Evacuee Trust Property, 1971 took over the control and management of the Hospital and the attached urban and agricultural lands---Administrator Evacuee Trust Properties, thereafter entered into an agreement with Municipal Committee and handed over the management and control of Hospital to the Municipal Committee--Notification of taking-over the properties was issued on 25-1-1973 and was in the knowledge of the Municipality since its publication and the Municipality had never challenged the same and. agreed to continue with the management and control of the Hospital under an agreement dated 16-10-1974 entered into between Administrator Evacuee Trust Properties and the Municipality---By entering into the agreement the Municipality had forsaken its right if any, to challenge the notification of take-over by the Evacuee Trust Property Board---Nazim and Naib Nazim of the Local Government being successors in office, had also no right to challenge the notification after 25 years---Trust having been created by an evacuee and under C1.10 of the Scheme for Management and Disposal of the Evacuee Trust Properties, 1971 Board was authorized to take over the control and management of the evacuee trust properties---Notification of take-over. by the Board could be challenged within 30 days and the Central Government was also empowered to call for the record of proceedings and pass such order as it deemed fit…

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