The Federal Constitutional Court has overturned a decision that categorized the allocation of Evacuee Trust Property to the Punjab Education Department as a governmental dispute, sending the case back to the Lahore High Court for reconsideration.
Evacuee Trust Property Dispute Remanded to Lahore High Court
The court questioned whether the allotment constituted a dispute between two governments and raised concerns about land historically used for Hindu cremations being allocated to the department. Justice Hassan Azhar Rizvi, heading a two-member bench, also inquired about construction on the land since its allotment in 1989 and the Punjab chief minister’s authorization of the allocation.
The Evacuee Trust Property Board (ETPB) was established in 1960, with its headquarters in Lahore, to manage properties left by Sikhs and Hindus who migrated to India during the 1947-48 partition. The ETPB’s stated objectives include supervising and controlling Evacuee Trust Land and Property attached to charitable, religious, or educational trusts.
During the hearing, Justice Rizvi asked what action the ETPB had taken regarding the allotment and why the Board had appealed under the name of the central government, observing that the matter was not a federal-provincial dispute. The Additional Advocate General of Punjab requested time to seek instructions from the government.
Justice Rizvi ruled that the Lahore High Court’s previous decision would be set aside, and the case would be reheard. Both the ETPB and the Additional Advocate General agreed to the court’s proposal. The Lahore High Court will now hear the matter afresh.
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