2025 MLD 1871 LAHORE-HIGH-COURT-LAHORE

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Malik Ijaz Ahmad Khan VS Federation of Pakistan Ss.3 & 5---Constitution of Pakistan, Art.199---Expiry of lease---Extinguishment of occupancy rights---Continued possession by lessee after lease term---Effect---Occupancy charges---Demand notice issued by authorities---Legality and scope ---Auction proceedings for grant of fresh lease term---Lessee of the expired lease claiming 'first right of refusal'---Precondition---Only bona fide lessees/legal occupants could claim 'first right of refusal'---The petitioners in the present connected writ petitions challenged notices issued by Pakistan Railways demanding occupancy charges and declining their claim of 'first right of refusal', despite their previous lease/licence agreements having expired---Held: Objections expressed by the petitioner were not well-founded---The respondents had clarified that they proceeded in accordance with observation made by the Supreme Court with respect to not leasing the property for more than five years---As to the status of the occupants in the expired lease areas it was clarified that the same was that of illegal occupants in terms of the provisions of the Federal Government Land and Buildings (Recovery of Possession) Ordinance, 1965---All claimants were allowed to participate in the open auction while the claim of 'first right of refusal' was made limited to the bona fide lessees/licensees which could not extend any benefit to the illegal occupants---No one had been given any exception and rather in a fair manner the department allowed everyone a fair opportunity to participate in the auction of the leased rights while committing to entertain the 'first right of refusal' of the bona fide lessees only and the said decision did not suffer from any legal error---As to the claim of occupancy rights the occupants of expired lease could not escape their legal responsibility to pay for the use and occupation of property till their eviction---Being so, the impugned letter requiring the payment of occupancy charges was lawfully issued---With respect to the claim of the petitioners having made certain payments could not be settled in the present summary proceedings---Application filed by the petitioners before the authorities if pending were directed to be disposed of in accordance with law---Constitutional petition was disposed of, in circumstances.