Scheme for Management and Disposal of Evacuee Trust Property

2007 MLD 989 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Cl. 10(1)Evacuee Trust Properties Management and Disposal Act (XIII of 1975), Ss.8 & 2(d)Constitution of Pakistan (1973), Art.199Constitutional petitionTaking over of control and management of evacuee trust property by Evacuee Trust Property Board by notificationValidity

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 accordingly

Administrator of Evacuee Trust Properties, in circumstances, had rightly and competently issued the notification and same could not be said to be void

High Court, while dismissing the constitutional petition against the notification of take-over of property by the Board, directed the Board authorities to look into the matter and suitable grant be allowed for the maintenance and development of the Hospital from the current financial year.

1982 PLD 308 SUPREME-COURT Judicial Precedent

Cl. 19 (j)-Pro bono' publico, party acting as-Locus stand! to challenge transfer-Contention that in transferring area in dispute to first respondent relevant law not followed hence transfer without effect-Such grievance having been shared by appellant alongwith numerous others, hence, its capacity, while agitating against orders of transfer equalled to that of a person raising a question pro bono publico-Party acting pro bono publico however, possesses no locus standi to call in question transfer of property in favour of a third party unless possessed of a personal interest in matter-Constitution of Pakistan (1962), Art. 98.-[Locus stand!].

1977 PLD 1064 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 25

Unautborieed possession of evacuee plot-Cannot be regularitted-Such plot, held, liable to be put to auction. (p. 10671A (b) Evacuee Trust Properties (Asanaaemeat and Disposal) Act ( Xitl of 19751

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S. 25 and Scheme for Management and Disposal of Evacuee Trust Property, 1971-Oocupalion of plot regularlsed in favour of a person not in possession of same

Notice of ejectment issued to tenant having constructive possession of such plot-Held, mala fide in eireumttances of case-Such notice, having been Issued without lawful authority, struck down.