2024 CLC 682 LAHORE-HIGH-COURT-LAHORE

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SAMINA NAZ VS EVACUEE TRUST PROPERTIES BOARD through Administrator Northern Zone, Evacuee Trust Properties Board, 7th Road, Rawalpindi S. 25---Scheme for Management and Disposal of Urban Evacuee Trust Properties, 1977, Chapter VI-A, Cl. 18-A(5)---Constitution of Pakistan, Art. 199---Constitutional petition---Evacuee property, status of---Recovery of possession---Building structure---Entitlement structure vests in the Board---Petitioners after remaining unsuccessful till Supreme Court assailed act of recovery of possession of "subject property" by respondent Board---Validity---Petitioners could not take refuge under the doctrine of election to protect their possession, which was not only unauthorized but illegal---Petitioners being not entitled for superstructure built upon "subject property", as in terms of Cl. 18-A(5) Chapter VI-A of Scheme for Management and Disposal of Urban Evacuee Trust Properties, 1977, structure raised on evacuee trust property vested in respondent Board---Petitioners after being unsuccessful in first round arising from civil suit had devised mechanism to protect their illegal and unauthorized possession upon "subject property" by filing a Constitutional petition---Petitioners did not have any right in "subject property" and filing of Constitutional petition was nothing but to thwart and circumvent process of law---Constitutional jurisdiction was not meant to provide aid to a party, who was adamant to grab property of State---On account of unauthorized possession, petitioners had already earned a lot of money through rent received from tenants of shops constructed on "subject property"---High Court declined to interfere in matter as it was not only frivolous but vexatious---Constitutional petition was dismissed, in circumstances.

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