1999 PLP 2505 (MLD)

MALIK HAMID SAEED, J.

Jehanzeb Khan and Dedar . Gul, petitioners herein, through the instant Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 have prayed for declaring sections 3(4), 8, 14, 15, 16, 17, 21, 25 and 26 of the Evacuee Trust Properties (Management & Disposal) Act XIII of 1975, to be void, ultra vires and in conflict with the Constitution and in violation of Fundamental Rights as enshrined in the Constitution, provided in Chapters I and II and respondent No.3 be restrained from proceedings in the pending case of the petitioners under the Title Deputy Administrator Evacuee Trust Properties v. MuAammad Ameen etc. regarding Property No.2506-07 situated at Ghanta Ghar, Peshawar.

2. Brief facts of the case as narrated in the petition, are that under section 3 of the Evacuee Trust Properties Act, 1975, the Government constituted a Board known as Evacuee Trust Properties Board for the management and disposal of Evacuee Trust Property, consists of respondents 2 to 5; that section 3(4) of the Act (ibid) pertains to the appointment of Chairman, section 8 deals with the power of Chairman, section 12 relates to the appointment and function of the Board, the jurisdiction of the Civil Court is barred by section 14, section 15 provides protection to respondents 2 to 5 (the Board), under section 16 appeal lies while section 17 is meant for revision, section 18 deals with the transfer of case, section 21 confers power of Civil Court to the Chairman and section 25 provides power of ejectment to the Board; that the property of the petitioners is evacuee property and not trust property, but on the pretext of trust property with mala fide intention respondent No-5 has filed a claim for declaration of the petitioner's property to the Evacuee Trust Property under section 8 of the Trust Property Act, 1975. The respondent No.3 by taking cognizance in the matter summoned the petitioners; that initially a portion of the disputed property was purchased by Muhammad Amin in open auction on 13-11-1962, whereupon P.T.D. was issued by respondent No.6 in his favour on 4-12-1962, who later on sold the said property to one Mst Suraya Begum through a registered sale-deed, dated 13-2-1963 and the said property was transferred to the petitioners from Mst. Suraya Begum through Court decree dated 19-12-1977. The other portion of the disputed property was purchased by the petitioners through P.T.D. No.960/817, dated 16-1-1982 from Maqbool Butt; that the petitioner discontented with the entertainment of claim of respondent No.5 and respondent No.3 by taking cognizance in the matter under the Evacuee Trust Properties (Management & Disposal) Act, 1975, having no other afficacious and adequate remedy, have come up to this Court by filing the present writ petition.

3. We have heard learned counsel for the petitioners at length and perused the material placed on file.

4. Certain provisions of Evacuee Trust Properties (Management and Disposal) Act XIII of 1975 have been challenged to be declared void, ultra vires; ineffective, in violation of fundamental rights guaranteed under the Constitution of Islamic Republic of Pakistan, 1973 by the petitioner being in violation of Articles 8 and 25 of the Constitution.

5. The main question to be considered is that whether any provisions of the said Act is repugnant to the right of equality before law and equal protection of law guaranteed by Articles 8 and 25 of the Constitution. Under the I said Act XIII of 1975, the Federal Government shall constitute a Board, to be known as Evacuee Trust Property Board for the management and disposal of the evacuee trust property. All the evacuee trust properties shall be supervised and controlled by the 'Board'. Functions of the Board have been given in section 43 of the Act. On perusal of this Act it appears that the object of the enactment of this legislation was to protect and manage the evacuee trust properties.

6. We see no provision of the Act repugnant to the right of equality before law and equal protection of law guaranteed by the Constitution. This law does not determinate between the class of community who is holding or possessing the Evacuee Trust Property and all the persons holding the properties or the Government in regard the Evacuee Trust Properties under the Act (ibid), the Government has the right to protect and manage the property. The Act is composite law, having its own procedural provisions and applied equally to persons situated similarly and in the same situation i.e. it relates to the class of community who holds or possesses the Evacuee Trust Properties. The jurisdiction of the ordinary civil Courts established under the ordinary law is excluded or barred and a certain class of persons (holding Evacuee Trust Properties) has been made subject under the Act and such classification to us is neither irrational nor unreasonable. The equality clause in the Constitution does not prohibit different laws for those differently circumstanced provided the class as a whole is equally treated under the law. Equal protection of law as claimed by the petitioner does not mean that every citizen is to be treated alike in all circumstances, but it means that persons similarly situated or similarly placed are to be treated alike both in privilege as conferred and liabilities imposed. The State can make a reasonable classification for the purpose of legislation provided the object is lawful and not discriminatory. We are, therefore, of the view that the writ petition is without any substance, having no merits, it is, therefore, dismissed in limine. Ipso facto the fate of the civil miscellaneous would be the same as of the writ petition. Q.M.H./269/P Petition dismissed.