SC sets aside SHC order in temple occupation case

High court had suspended show-cause notices issued by Evacuee Trust Property Board

KARACHI: The Supreme Court (SC) set aside on Monday the Sindh High Court's (SHC) order in a case involving a dispute over the ownership of land said to be the property of a Hindu temple in Daharki.

A three-judge bench, headed by Chief Justice of Pakistan Mian Saqib Nisar, annulled the SHC's order that had suspended the show-cause notices issued by the Evacuee Trust Property Board (ETPB) to alleged illegal occupants of the Hindu community's worship place. The ETPB later filed an appeal in the apex court against the SHC order.

The SC was informed that the ETPB had issued notices to private persons who had allegedly occupied the land of the Gao Shala adjacent to a Hindu temple in Daharki. The ETPB officials said around 50 shops were being built on the property and garbage was being dumped on the rest of the land.



The ETPB officials informed the apex court that the occupants, however, took the matter to the high court, which suspended the operation of its show-cause notices. The officials said they wanted to take action against the encroachers, but the high court's order hindered them from doing so.

The apex court was pleaded that the high court had erred in the past order, which may be set aside and the show-cause notices to the illegal occupants be restored so that the land in question could be retrieved.

After hearing arguments, the apex court set aside the high court's order, directing the occupants to prove their lawful ownership of the land in question before the ETPB.