Law:

Section:

(a) Evacuee Trust Properties (Management and Disposal) Act XIII of 1975)-------Ss. 3 & 4(f)---Scheme for Management and Disposal of Urban Evacuee Trust Properties, 1977 framed under S.30 of Evacuee Trust Properties (Management and Disposal Act (XIII of 1975), Cl.(11) [as amended vide S.R.O.461(I)/2001, dated 14-9-2001]---Constitution of Pakistan (1973), Arts.25 & 199---Constitutional petition---Enhancement of rent under amended Scheme---Validity---Amended C1.(11) of Scheme for Management and Disposal of Urban Evacuee Trust Properties, 1977, whereby rent of urban evacuee trust properties had been enhanced and had been challenged by tenants under Evacuee Trust Property Board--­Evacuee Trust Property Board constituted under S.3 of Evacuee Trust Properties (Management and Disposal) Act, 1975, though had been conferred power by S.4(f) of Evacuee Trust Properties (Management and Disposal) Act, 1975 to assess or reassess rent or lease amount of evacuee trust property, but that discretion had to be exercised reasonably, justly and not arbitrarily---Objections or proposals were not invited by Board or by Federal Government from the tenants and they were not associated in preparation of new formula for enhancement of rent---Process of decision making by public `functionaries should exhibit transparency---Failure to observe basic rules of natural justice or failure to act with procedural fairness towards persons who would be affected by decision, would render such decision susceptible to judicial review---Replacement of Cl.(11) by new one enhancing rent under formula given therein amounted to unreasonableness-- -Enhancement in rent under old Cl. (11) for each sub-unit was 30% over rent assessed and periodical enhancement was to be made after every three years, whereas under new formula rent had been enhanced manifold from 150% to 2240.92%---Classification of properties made by Board for purpose of determination of rent was not reasonable--- Classification should be based on an intelligible differentia which would distinguish persons or things that were grouped together from those who had been left out; and differentia must have rational nexus to object sought to…

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