Karachi (HRNW): The Sindh High Court (SHC) has set aside a 2001 order issued by the Chairman of the Evacuee Trust Property Board (ETPB) which declared a private property on Nishtar Road as evacuee trust property. The court ruled that declaring a property as such without granting the affected party a fair hearing is a blatant violation of the law.
Arguments of the Petitioner’s Counsel
During the judicial proceedings, the counsel representing the petitioner presented the historical and legal background of the land ownership:
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Historical Acquisition: The property, situated on Karachi’s Nishtar Road, was originally purchased back in the year 1959.
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Inheritance and Transfer: Following the demise of the original owner, the ownership of the property was legally passed down to the legal heirs.
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Denial of Mutation: Although the rightful heirs possess a valid Letter of Administration issued by the relevant authorities, they were denied the official mutation (transfer) of the land records.
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Unilateral ETPB Action: Upon inquiring about the denial, the relevant authorities informed the heirs that the land had already been designated as evacuee trust property. The petitioner’s counsel emphasized that the Chairman of the ETPB issued these absolute orders unilaterally, completely depriving the affected family of their right to be heard.
The State’s Objection
The government’s legal representative strongly opposed the petition based on the timeline. The state counsel argued that an administrative order passed in 2001 cannot be legally challenged after a lapse of more than 22 years, pleading the court to dismiss the application based on laches.
The Judgment of the Honorable Court
In its final ruling, the Sindh High Court bench clarified the legal parameters governing the Evacuee Trust Properties (Management and Disposal) Act:
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Jurisdiction vs. Due Process: The court observed that while the Chairman of the ETPB possesses the statutory jurisdiction to determine the status of properties, such powers cannot be exercised arbitrarily. If an individual’s fundamental property rights are being impacted, no adverse order can be passed without providing them an opportunity of being heard.
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Statutory Timeframes: The bench highlighted that under the Evacuee Trust Property Act, the designated cut-off date for evaluating and determining such properties was set as January 1, 1957. In stark contrast, the decision regarding the petitioner’s specific property was rendered much later, in 2001.
Concluding the proceedings, the Sindh High Court declared the 2001 ETPB order null and void, restoring the legal standing of the petitioners.
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