Property Board of Lahore Evacuees Trust. PHOTO: ETPB
The Federal Constitutional Court overturned the decision that classified the allocation of evacuees’ trust property to the Punjab Education Department as a government dispute. The court sent the case back to the Lahore High Court for further decision.
The Evacuee Trust Property Board was established in 1960 with its headquarters in Lahore to look after the Evacuee Trust properties and lands left behind by Sikhs/Hindus who migrated to India during Partition in 1947-48. The ETPB states that its objectives are to “supervise and control all evacuee trust land/properties attached to charitable, religious or educational trusts or institutions or any property which is part of the ‘Trust Pool'”.
The hearing, conducted by a two-member bench headed by Justice Hassan Azhar Rizvi, questioned whether the allocation of the evacuees’ trust assets to the education ministry could truly be considered a dispute between two governments. He further asks how land historically used for Hindu cremations was allocated to the department.
Justice Rizvi noted that construction work had probably taken place on the land since its allocation in 1989. He also asked how the Punjab Chief Minister had authorized the allocation of the evacuees’ trust property to the Education Department. The Additional Solicitor General Punjab sought time to seek directions.
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Justice Rizvi asked what action the Evacuees’ Real Property Board itself had taken regarding the allotment and why the Board had filed an appeal on behalf of the central government. He noted that this was not a dispute between the federal and provincial governments.
Justice Rizvi said the decision of the Lahore High Court was set aside and the matter was remanded for further hearing. The Lahore High Court will now hear the case again. Both the ETPB and the Additional Advocate General accepted the court’s proposal.
