CHAIRMAN, EVACUEE TRUST PROPERTY BOARD, LAHORE vs Sufi NAZIR AHMED S — 2024 SCMR 622 SUPREME-COURT

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CHAIRMAN, EVACUEE TRUST PROPERTY BOARD, LAHORE VS Sufi NAZIR AHMED S. 4(2)(f)---Scheme for the Management and Disposal of Urban Evacuee Trust Properties, 1977, Clasues 10 & 11---Evacuee trust properties---Tenants---Assessment/re-assessment of rent---Amendment to clauses 10 and 11 of the Scheme for the Management and Disposal of Urban Evacuee Trust Properties, 1977, (the Scheme), vide SRO No.13KE/2006 dated 13th of February, 2006---Vires of---Evacuee Trust Property Board ('Board') is empowered under section 4(2)(f) of the Act, to assess or reassess the rent of the evacuee trust properties---Although it is not specifically mentioned in the Evacuee Trust Properties (Management and Disposal) Act, 1975, nevertheless, it is implied that the rent payable by the tenant shall be just, equitable, impartial, dispassionate, uncoloured and objective---It is desirable that some protection should be provided to the tenants in order to ensure that they are not exploited---At the same time, the rent has to be revised periodically, as it is normal for the market rent to become marginal or insignificant every three to four years with the prevailing rate of inflation---Protection of legitimate expectation is present in the Scheme for the Management and Disposal of Urban Evacuee Trust Properties, 1977 ('Scheme'), and its existence brings procedural fairness in two ways: first, a policy or practice that dictates a particular procedure to be followed gives rise to the right of the tenant to demand that the procedure for assessment or reassessment of rent be followed; and secondly, if there is a legitimate expectation of a reasonable benefit, it may give rise to a right for a fair procedure before the benefit is withheld---It is clear from clauses 10 and 11 of the Scheme that the District Officer is mandated to fix the rent of the evacuee trust property, keeping in view the market rent and rent of other properties in the vicinity in similar circumstances---This means that his powers are not unbridled; he cannot act on his whims while assessing the rent; he is bound to observe the standards mentioned in the Scheme, so as to eliminate any improper motive and possibility of coercion---It is also evident that to bring transparency in the rent assessment procedure, the existing clause 10 ensures that not only the proposed assessment is open to inspection by the tenant but also provides them an opportunity for objections and hearings---An additional measure to prevent unfairness in the determination of rent is provided by empowering the Chairman of the Board or the Administrator concerned to suo moto examine the correctness or propriety of the determination of rent--- At that, it has been mandated to periodically reassess the rent every six years and increase it at the rate of eight per cent per annum---Clauses 10 and 11 of the Scheme (as amended) are neither arbitrary nor oppressive or unreasonable---Appeals were allowed.

CHAIRMAN, EVACUEE TRUST PROPERTY BOARD, LAHORE vs Sufi NAZIR AHMED S — 2024 SCMR 622 SUPREME-COURT

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