| Citation(s) |
|---|
| 2006 SLG 1529 2006 SLD 1529 2006 PLD 350 |
Supreme Court of Pakistan
Constitutional Petitions Nos. 1758 and 1856 of 2005, decision dated: 25-01-2006. (On appeal from the judgment dated 9-2-2005 passed by Peshawar High Court, Abbottabad Bench in W.P. No.226 of 2001 in both cases).
SARDAR MUHAMMAD RAZA KHAN, MUHAMMAD NAWAZ ABBASI AND SAIYED SAEED ASHHAD, JJ
Qazi Ghulam Rauf, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record (in C.P. No. 1758 of 2005).Nemo for the
Respondents/State (in C.P. No. 1758 of 2005).Malik- Manzoor Hussain, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record (in C.
Constitutional Petitions Nos. 1758 and 1856 of 2005, decision dated: 25-01-2006. (On appeal from the judgment dated 9-2-2005 passed by Peshawar High Court, Abbottabad Bench in W.P. No.226 of 2001 in both cases).
SARDAR MUHAMMAD RAZA KHAN, MUHAMMAD NAWAZ ABBASI AND SAIYED SAEED ASHHAD, JJ
Qazi Ghulam Rauf, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record (in C.P. No. 1758 of 2005).Nemo for the
Respondents/State (in C.P. No. 1758 of 2005).Malik- Manzoor Hussain, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record (in C.
Sh. JAMIL AHMED through Legal Heirs and others
VS
ADMINISTRATOR MUNICIPAL COMMITTEE, ABBOTTABAD and others Sh. JAMIL AHMED through Legal Heirs and others vs ADMINISTRATOR MUNICIPAL COMMITTEE, ABBOTTABAD and others
Law:
Section:
(a) North West Frontier Province Public Property (Removal of Encroachment) Act (V of 1977)-------S. 3---Constitution of Pakistan (1973), Art.185(3)---Removal of encroachment---Past and closed transaction---Concurrent findings of fact by the Courts below---Notice under S.3 of North West Frontier Province Public Property (Removal of Encroachment) Act, 1977, was issued against petitioner, for possession of the property in question---Petitioner claimed to have purchased the disputed property in Court auction but suit filed by him was dismissed by the Tribunal---Judgment passed by the Tribunal was maintained by High Court in exercise of constitutional jurisdiction---Validity---Supreme Court in an earlier appeal arising out of the dispute regarding title of the property in question, between the original lessee and the Municipal Committee, had determined the character and status of the shops as part of the premises and held that the entire property belonged to the Municipal Committee---Matter relating to the dispute of title and ownership of disputed property having attained finality was a past and closed transaction, which could not be reopened---Concurrent findings of Courts regarding the origin and character of property would not call for interference of Supreme Court---Petition was dismissed. (b) Easements Act (V of 1882)--- ----Ss. 61 & 64---North West Frontier Province Public Property (Removal of Encroachment) Act (V of 1977), S.3---Constitution of Pakistan (1973), Art.185(3)---Relation of licensee and grantor---Recovery of possession---Construction raised by licensee---Compensation---Property in question was owned by Municipal Committee and respondent being licensee had raised construction thereon---Municipal Committee issued notice under S.3 of North West Frontier Province Public Property (Removal of Encroachment) Act, 1977---High Court in exercise of constitutional jurisdiction directed the Committee to compensate the respondent for the claim of construction---Plea raised by Municipal Committee was that the respondent was not entitled to compensation for the construction as he had regularly been receiving rent of premises even after expiry of the original…
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