CHIEF ENGINEER, IRRIGATION DEPARTMENT, N.-W.F.P. PESHAWAR versus MAZHAR HUSSAIN
Sections 11, 12, 13 and 14 of the Constitution of Pakistan (1973), Article 185 (3) Termination of Barriers to Civil Property Jurisdiction Civil Court Respondents Tribunal established under Section 12 of Public Property of the North West Frontier Province Seeking exemption from authority (removal of encroachments) Act, 1977, seeking a declaration of ownership of the disputed plot and not possessing public property, the tribunal decided the matter in favor of the respondent and the tribunal. Against the verdict, the plot was declared not to be public property, under which the authorities filed a constitutional petition, dismissed by the High Court. The officials denied that the tribunal had no jurisdiction to approve such declaration.
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