Raja ALI ZAMAN vs EVACUEE TRUST PROPERTY BOARD Ss — 2022 PLD 726 SUPREME-COURT

Case information

Citation: 2022 PLD 726 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLD
Parties: Raja ALI ZAMAN vs EVACUEE TRUST PROPERTY BOARD Ss

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Raja ALI ZAMAN VS EVACUEE TRUST PROPERTY BOARD Ss. 4(2)(d) & 12---Scheme for the Management and Disposal of Urban Evacuee Trust Properties, 1977, Paras. 6 & 12---Sale of evacuee property by the Evacuee Trust Properties Board (ETPB)---Federal Minister approving sale of evacuee land vide a memorandum---Legality---No provision existed in the law governing the ETPB, the relevant rules or the Scheme for the Management and Disposal of Urban Evacuee Trust Properties, 1977, which allows a Federal Minister to approve sale of evacuee land in either his discretion or in relaxation of rules---In the present case, the Minister had no power or authority on behalf of the Federal Government to approve the sale of the suit property especially so in the absence of a resolution passed by the ETPB's Board seeking permission for sale of the suit property---Being bereft of its executive nature, the impugned sale deed had been obtained without the approval of the Federal Government and was therefore illegal and void-ab-initio.

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