RIZWAN ALI SAYAL vs FEDERATION OF PAKISTAN Ss — 2024 CLC 406 LAHORE-HIGH-COURT-LAHORE

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RIZWAN ALI SAYAL VS FEDERATION OF PAKISTAN Ss.8, 10 & 21---Constitution of Pakistan, Art. 199---Constitutional petition---Evacuee property---Determination---Principle of natural justice---Applicability---Petitioner was aggrieved of order passed by Chairman Evacuee Trust Properties Board (ETPB), without affording him proper opportunity of hearing and directing the Administrator, ETPB, to take over management and control of the property---Validity---Chairman has the exclusive authority to determine questions relating to status of the property as evacuee trust property and to pass a decision about validation of certain transfers relating to evacuee trust property---If reference before Chairman involves intricacy of facts, same cannot be decided in a summary and slipshod manner, as per requirements of S. 21 of Evacuee Trust Properties (Management and Disposal) Act, 1975---Power of a civil court has been bestowed upon Federal Government or any person authorized by it, the Chairman and every Officer appointed under Evacuee Trust Properties (Management and Disposal) Act, 1975, for the purposes of making any inquiry or hearing in appeal or revision under Evacuee Trust Properties (Management and Disposal) Act, 1975 for the matters mentioned therein---In the present petition various substantial questions including the question relating to competency of Chairman to proceed with the reference were raised---High Court directed Chairman ETPB to decide reference under Ss.8 & 10 of Evacuee Trust Properties (Management and Disposal) Act, 1975, afresh after holding thorough inquiry and probe and affording reasonable opportunity of hearing to petitioner---Constitutional petition was allowed accordingly. Citation Name: 2024 CLC 406 LAHORE-HIGH-COURT-LAHORE RIZWAN ALI SAYAL VS FEDERATION OF PAKISTAN Ss. 8 & 10---Evacuee property---Determination---Question as to status of a property is dealt under S. 8 of Evacuee Trust Properties (Management and Disposal) Act, 1975---If there is some dispute regarding actual status of the property, it is the Chairman, who is competent to decide such question and to declare such property as evacuee trust property---On the other hand, provision of S.10 of Evacuee Trust Properties (Management and Disposal) Act, 1975, presupposes that property in question is evacuee trust property and it empowers the Chairman in case a question arises as to whether a transaction referred to in S. 10(1) of Evacuee Trust Properties (Management and Disposal) Act, 1975, is bona fide or not to decide the same---Provision of S. 10(3) of Evacuee Trust Properties (Management and Disposal) Act, 1975, ordains that if transaction is not bona fide, Chairman may pass an order cancelling allotment or transfer of such property---Such decision either under S. 10(2) or order under S.10(3) of Evacuee Trust Properties (Management and Disposal) Act, 1975, in respect of property has to be passed after affording reasonable opportunity of hearing to the affected person.

RIZWAN ALI SAYAL vs FEDERATION OF PAKISTAN Ss — 2024 CLC 406 LAHORE-HIGH-COURT-LAHORE

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