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Writ Petition No. 43‑R of 1983, decided on 13th March, 1983.
S. 4 (2) (d)‑Evacuee trust property, sale of‑Order of Chairman,‑‑ Evacuee Trust Board that price would be determined by Board so that suitable recommendation be made to Federal Government to consider request for sale, held, in accordance with law, but cannot be treated as sale in itself for which , Federal Government competent to pass such orders as it deems fit.
Ch. Muhammad Altaf for Appellant.
Fazl‑1‑Hussaln for Respondents.
Date of bearing: 13th March, 1983.
The. long story bas been cut short as a result of fruitful‑discussion. Learned counsel 'for the Evacuee Property Trust Board in the initial stages was in a frame of mind to oppose this writ petition tooth and nail. However, when it transpired that the application which has been given by the four tenants of the petitioner‑widow was based on the strength of their being cultivator: as defined in the scheme, it has now been agreed to by the learned counsel for the respondent department that in so far as ownership is concerned, that is an irrelevant ..con sideration cultivation is only relevant for the purpose of lease.
2. Learned counsel for the respondent then submitted that a case of sale can only be forwarded to the Federal Government under section 4 (2) (d) of Act XIII of 1975. This may or may not be so. The fact of the matter is that the learned counsel for the respondent is agreeable to the fact that where a sale has to be made in favour of a private party it has to be approved by the Federal Government.
3. In view of the stand taken by the parties, there is hardly any scope for contentious arguments left. The. Chairman Evacuee Trust Property Board by his order dated 7th February, 19'18 had himself categorically stated that price be determined by the Board so, that suitable recom mendations be made to the Federal Government to consider her request for sale. That being the position, the order of the Chairman Evacuee Trust Property Boat d was in consonance with law.
4. There are certain misgivings in the mind of learned counsel for the respondent. He is of the view that possibly the order of the Chairman dated 7th February, 1978 is being treated as sale in itself. That is not so. The Evacuee Trust Property Board‑ is to‑forward the case to the Central Government for such orders as Federal Government may deem it. This is what is required to be done under the law. It shall act accordingly.
5. Learned counsel for the respondent department at this stage has taken up further reasonable stand by stating that no harm will be done to the petitioner if the petitioner appears before the Chairman Evacuee Trust Property Board to help him in framing his recommenda tion. I agree. The petitioner to associate with those proceedings.
Learned counsel for both the parties are satisfied with this course. The writ petition is accepted in the above terms. There will, be no order as to costs in the circumstances.
Petition accepted.
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