KHAN BAHADAR vs SECRETARY, MINISTRY OF RELIGIOUS AFFAIRS AND INTERFAITH HARMONY, ISLAMABAD Ss

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KHAN BAHADAR VS SECRETARY, MINISTRY OF RELIGIOUS AFFAIRS AND INTERFAITH HARMONY, ISLAMABAD Ss.8 & 10---Displaced Persons (Compensation and Rehabilitation) Act, (XXVIII of 1958), S.4---Qanun-e-Shahadat (10 of 1984), Art.100---Declaration of property as evacuee trust property---Validation of certain transfers---Compensation pool---Presumption as to documents thirty years old---Scope---Settlement Department allotted a certain piece of land to the allottee who alienated part of it to four others---Assistant Administrator, Evacuee Trust Property, filed a reference under Ss.8 & 10 of the Evacuee Trust Properties (Management and Disposal) Act, 1975, for declaring the land in question as trust property as well as sought cancellation of allotment in favour of the allottee---Chairman, Evacuee Trust Property Board, passed impugned order declaring the land in question as trust property and also cancelled the allotment of the allottee as well as subsequent sale transactions---Revision petition under S.17 of the Evacuee Trust Properties (Management and Disposal) Act, 1975, was also dismissed---Validity---After partition of subcontinent, majority of Sikh and Hindu communities' people migrated to India and they abandoned their private/personal as well as religious or other private institutional, organizational properties in Pakistan---Said evacuee properties stood vested with the Federal Government---Properties of private evacuee was made part of the compensation pool under S.4 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, whereas the evacuee land attached with religious educational institution was excluded for any allotment under the rehabilitation process---Jamabandi for the year 1945-46, 1966-67 revealed that the ownership of land in question was entered in the name of a religious organization entrusted with obligation of maintaining the Sikh religious institution or places of worship---Such longstanding entries demonstrated that the land in question was a trust property---Official record was more than 30 years old, which wore a presumption of correctness under Art.100 of the Qanun-e-Shahadat Order, 1984, until such presumption was not displaced through any cogent believable and trustworthy record---Chairman had rightly declared the land in question as trust property and cancelled the allotment---Constitutional petition was dismissed, in circumstances.

KHAN BAHADAR vs SECRETARY, MINISTRY OF RELIGIOUS AFFAIRS AND INTERFAITH HARMONY, ISLAMABAD Ss — 2022 CLC 178 LAHORE-HIGH-COURT-LAHORE

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