LHC for issuance of notice before declaring evacuee trust property

LAHORE: The Lahore High Court (LHC) has held that before declaring any religious or charitable trust as evacuee trust property, a notice must be given to the affected parties.

It is a legal requirement that anyone having an interest in the property must be given a fair opportunity of hearing, the court maintained.

The court also remarked that the matter must be decided by the Chairman Evacuee Trust Properties Board (ETPB) and the declaration be published in the official gazette.

The court passed this order in a petition of Muhammad Iqbal and others challenging the decision of the Federal Secretary, Ministry of Religious Affairs and Interfaith Harmony.

The court set aside the impugned order and remanded the case back to the respondent secretary.

The court directed the respondent secretary to decide the issue afresh within three months through a speaking order after giving proper opportunity of hearing to the petitioners and other concerned persons, strictly in accordance with law.

The court observed that if a property is declared to be evacuee trust property, the Chairman ETPB may pass an order cancelling the allotment or alienation, as the case may be, take possession and assume administrative control, management and maintenance thereof, provided that no declaration shall be made or passed in respect of any property without giving the persons having interest in that property a reasonable opportunity of being heard, the court added.

Copyright Business Recorder, 2026