PTC, NHA & petrol pump: SC seeks report from Punjab on legality of evacuee trust property

The Supreme Court on Tuesday sought a comprehensive report from the government of Punjab to ascertain legality of evacuee trust property allotted to Police Training Centre, National Highways Authority (NHA) and a petrol pump in Lahore. Appearing before a three-member bench led by Justice Amir Hani Muslim on behalf of his clients for seeking remedy against the Board possession on the petitioners' property in Lahore, Hamid Khan alleged that Evacuee Trust Property Board (ETPB) has illegally occupied 58 kanals of land of his clients.
Justice Amir Hani Muslim remarked that appropriate spending of shrines' income can benefit the general public in the country, observing that public hospitals are not delivering in a proper way as reports are being disseminated on the televisions channels in this regard which are food for thought for the decision makers.
Soon after the adjudication in the matter, secretary Evacuee Trust Property Board Lahore Nawazish Ali fell a prey to cardiac arrest and expired on the spot. At the onset of the hearing, Hamid Khan urged the court to issue directives to the authorities concerned to vacate his clients' land from the occupancy of the existing occupants, saying some parts of the land are occupied by the National Highways Authority, Police Training Centre and a petrol pump.
To which the bench issued directives to the Punjab government to arrange measurement of such occupied land with assistance of survey department and tehsildar (revenue official) concerned and submit comprehensive report on the next date of hearing.
Submitting report in the matter in pursuance of the court's earlier directives, Additional Advocate General Punjab Razzaq A Mirza informed the court that the said land was acquired under the provisions of the ETPB law, to which Justice Amir Hani Muslim observed that under the law only that piece of land would be acquired by the provincial government whose ownership is in question due to more than one claimants.
Justice Hani remarked when legal heirs of an individual occupant of the evacuee trust land exist, the government cannot acquire the evacuee trust land for petrol pump or police training centre.
Secretary ETPB Nawazish Ali apprised the court that under the directives of district collector, the Board acquired the land in 1980 whereas a police training centre was established in 1985 on the land. While responding to the bench's query, he added that no illegality in occupancy from the appellants was observed.
To which Justice Amir Hani Muslim appreciated the Secretary Nawazish Ali, saying district collector has no legal powers to acquire the evacuee trust land of shrines. Razzaq A Mirza informed the bench that Chief Minister Punjab had allocated the land for a petrol pump under Section 17 of the Evacuee Trust Law, to which Justice Amir Hani Muslim categorically observed that the matter in hand is about misuse of powers.
During the course of proceedings, the bench was informed that per year income of the said occupied land is about Rs 11.9 million which is spent on shrines and particularly it is injected in a hospital at Data Darbar (shrine) Lahore.
Later, the bench asked the ETPB to submit a comprehensive report pertaining to a chart of current occupants of the land and adjourned the hearing of the matter till February 15.
Meanwhile, secretary ETPB Punjab Nawazish Ali died after suffering from heart attack in the Supreme Court soon after the hearing of the matter was adjourned. Nawazish Ali while coming out of the court room discussed the matter with Razzaq A Mirza and during the conversation, he received a cardiac arrest all of sudden that caused his death on the spot.