ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                                C.P No. D- 554 of 2008.

DATE         ORDER WITH SIGNATURE OF JUDGE

For Katcha Peshi

05.05.2010.

            Mr. Muhammad Umar Daudi, Advocate for Petitioner.

            Mr. Bahadur Ali Baloch, Advocate for Respondent No.1,3,4 & 5

Mr. Muhammad Ali Shaikh, D.A.G. along with S.M. Azhar, Accountant, E.T.P, Hyderabad.

            Mr. Mukhtar Ahmed Khanzada, State Counsel.

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            Counsel for the Petitioner contends that on the basis of P.T.D issued by Settlement Department, Board of Revenue Sindh,  the Petitioner has raised a building after demolishing the construction however, subsequently the said property was declared as Evacuee Trust Property and the transfer order was cancelled by the Chairman, Evacuee Trust Board with the following observations:-

“The question however, arises as to whether the Respondent is entitled to any compensation for the re-construction done by him on this site and if so, how much. This is a matter which should be dealt with on the administrative side in consultation with the Board. I, therefore, direct that a copy of this order should be sent to the property branch for placing it before the Board in one of the its forthcoming meetings”

“However, in view of the investment already made by the Petitioner in the site his case for this property as a lessee, may be considered favourably”.

            The Petitioner consequently challenged the order of the Chairman, Evacuee Trust Board, by filing Constitutional Petition No.D-100 of 1984 and a Bench of this Court vide its judgment dated 27^th February 1989 directed the Evacuee Trust Property Board to decide the matter afresh after giving the parties an opportunity of hearing. It is the case of the Petitioner that after providing hearing the Evacuee Trust Board vide its letter dated 6^th May 1991 decided to sell the property to the Petitioner after determining its price. However, till date neither the price has been determined nor sale deed has been executed in favour of the Petitioner. The Petitioner is willing to pay the then value of the property. Comments have been filed on behalf of the Evacuee Trust Board wherein it has been categorically stated that “ as per formula the valuation of property has been suggested and same has been sent to Evacuee Trust Property Board where the same is pending and as soon as the instructions are received from the Board the sale deed will be executed on receiving sale consideration.”

            Counsel for the Petitioner says that direction be issued to the Respondents to decide the matter within shortest possible period preferably within 60 days. The request is not opposed by any one present and consequently, we dispose of this petition by directing the Respondents to decide the issue within 60 days.    

                                                                                                JUDGE

                                                            JUDGE