SHC sets aside evacuee property trust’s claim over Guru Mandir building

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KARACHI: The Sindh High Court has placed the order of the Ministry of Religious Affairs aside, which declared the Guru Temple Building as a Trust Property Property Property Prior to the partition of the Jamshed Quarter area and said that the property was owned by the Federal Government’s Ministry of Finance.

Inland Revenue, the Chief Commissioner of the FBR Corporate Tax Office, challenged the order of the Ministry of Religious Affairs, in which the Guru Mandar building before the partition was declared the withdrawal trust property.

The petitioner’s lawyer said that the building was owned by the Federal Government Ministry of Finance, in which the applicant had occupied for sixty years, ie July 4, 1961.

He further said that the building was initially owned by the Guru Mandir Association (GMA), which was approved by the Hyderabad Ameel Cooperative Housing Society on February 2, 1939. He said the building was purchased from a private company, namely Frederick Sydney Cotton, from GMA, which was signed on June 24, 1948, due to an agreement, and under the agreement, and the agreement was signed under the agreement. That is, Bhagwan Singh de Advani.

The lawyer noted that on January 11, 1951, the approval certificate for the transfer of such property was issued in favor of the evacuation department for sale. The court was told that the FSC had sold his work for the GOP (Ministry of Finance) on July 4, 1961, according to the integration for him, which had occupied it since then and he occupied it, which used the same and used it and used it as such and used as it used. He used it, who used the same and he used it. By GOP (Ministry of Finance)

The respondent’s lawyer opposed the requests submitted by the applicant’s lawyer and requested that since the building has been declared a trust property, it should be returned to them.

A High Court Division Bench comprising Justice Muhammad Iqbal Kalhoro and Justice Mohammad Usman Ali Hadi, after hearing the advice arguments, observed that a right in the building was created in favor of the Pakistani government due to the legal process of purchasing it, and for a long time owned/occupied.

The court observed that such rights of the applicant are to be protected under Article 4, 8, 23 and 25 of the Constitution, and it is a Trite law that legalism needs to be abolished and then finalized.

It has been further observed that there has been a further mistake on the decisions and orders that do not consider that the withdrawal property legislation was Pakistan to succeed the 1949 ordinance (Administration with the Property Act 1957 (1957 Act).

The court said that the building declaration as a trust property is invalid. Therefore, the respondent will not have the authority to decide on the matter.

The SHC said that the power of the respondents is limited to deciding on the property of the evacuation, which was not the building when the matter was presented to the respondents because such an illegal order was responsible for keeping it aside.

It also observes that since the government of the property is with Pakistan on all evacuation, it will look ridiculous to snatch the building from the applicant (working under the GOP), and then give it to another branch of the GOP.

The High Court has said that it should also emphasize the fact that it is the government of Pakistan by the applicant who is claiming the building itself, and who has stated that the building does not fall into the domain of evacuation property.

II said that it does not feel under the law that applicants (working under GOP) can be deprived of property. The court observed that the building was being used by GOP for its own purposes, even the shelter of Article 173 of the Constitution would protect the applicant.

The court observed that the unforgivable decisions and ruling have made a mistake under several clauses of the law and they have failed to consider key legal aspects, which has resulted in violation of the basic rights of the applicants. He put aside unknown decisions and unauthorized notice and said that the government owns the building of Pakistan.