FCC sends Evacuee Trust Property case back to LHC for rehearing

Court observes that this was not dispute between federal, provincial governments

The Federal Constitutional Court has annulled the decision that classified the allotment of Evacuee Trust Property to the Punjab Education Department as a governmental dispute. The court has remanded the matter to the Lahore High Court for a fresh decision.

Evacuee Trust Property Board was established in 1960 with its HQ in Lahore to look after the Evacuee Trust Properties / Land left over by the 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 / Property attached to the charitable, religious or educational trusts or institutions or any properties which form part of the ‘Trust Pool’".

The hearing, conducted by a two-member bench headed by Justice Hassan Azhar Rizvi, questioned whether allocating Evacuee Trust Property to the Education Department could truly be considered a dispute between two governments. He further asked how land historically used for Hindu cremations had been allotted to the department.

Justice Rizvi noted that construction was likely to have taken place on the land since its allotment in 1989. He also asked how the Punjab chief minister had authorised the allotment of Evacuee Trust Property to the Education Department. The Additional Advocate General of Punjab requested time to seek instructions.

Read: SC remands lease dispute to ETPB

Justice Rizvi inquired what action the Evacuee Trust Property Board itself had taken regarding the allotment, and why the Board had filed an appeal under the name of the central government. He observed that this was not a dispute between the federal and provincial governments.

Justice Rizvi stated that the decision of the Lahore High Court was being set aside and the case was being remanded for rehearing. The Lahore High Court will now hear the matter afresh. Both the ETPB and the Additional Advocate General consented to the court’s proposal.