Redundant legislation

2013 PLD 62 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

S. 1West Pakistan Urban Rent Restriction Ordinance, 1959 (VI of 1959), S. 21 & PreambleWest Pakistan Civil Courts Ordinance (II of 1962), S. 3Constitution of Pakistan, Art. 199Constitutional petitionRedundant legislationEffect

Eviction applications filed against petitioners under the British Balochistan Rent Control Regulation, 1945 were allowed by Trial Court

Contention of the petitioners was that British Balochistan Rent Control Regulation, 1945 was no longer in field and therefore, order of Trial Court was illegal

Contention of the respondents was that the West Pakistan Urban Rent Restriction Ordinance, 1959 had not been extended to Tribal Areas, to which the present cases pertained, therefore, the British Balochistan Rent Control Regulation, 1945 was still applicable

Validity

British Balochistan Rent Control Regulation, 1945 was promulgated in the year, 1945 and extended to the whole of British Balochistan, and the Chief Commissioner was assigned the power to extend the said regulation to other areas and was authorized to make Rules

After the creation of Pakistan, and upon establishment of the province of Balochistan, the areas known as British Balochistan were no longer in existence, and therefore the British Balochistan Rent Control Regulation, 1945 ceased to hold field

Office of the Chief Commissioner under the said regulation had been abolished and no authority was left to extend the said regulation to the new province

Proceedings under the British Balochistan Rent Control Regulation, 1945 were to be conducted by the courts established under the British Balochistan Courts Regulation, 1938 which had also ceased to exist as presently, the courts were established under the Civil Courts Ordinance, 1962 for the civil matters

Courts were, therefore, not competent to try rent matters under British Balochistan Rent Control Regulation, 1945

Proceedings under the British Balochistan Rent Control Regulation, 1945 were coram non judice

High Court observed that West Pakistan Urban Rent Restriction Ordinance, 1959 was applicable to all urban areas and there would be no harm, with the approval of the Governor, to extend the same to Tribal Areas to provide the people of such areas a mechanism in rent matters

High Court held that no court or Rent Controller shall proceed in matters under the British Balochistan Rent Control Regulation (II of 1945) and directed the Secretary Law and Parliamentary Affairs, of the Provincial Government to immediately take steps for extension of West Pakistan Urban Rent Restriction Ordinance, 1959 to Tribal Areas within a period of thirty days

Constitutional petitions were allowed, accordingly.