PLD 2023 Supreme Court 229
Evacuee Trust Properties ( Management and Disposal ) Act ( XIII of 1975 ) --- ---- Ss . 6 & 7 --- Punjab Katchi Abadis Act ( VIII of 1992 ) , S. 6 ( 1 ) --- Katchi abadi land --- Proprietary rights --- Sub - Registrar refused to register sale deeds , leases and other documents of those who had acquired properties in certain land declared to be a katchi abadi by the Directorate General Katchi Abadis , because the Evacuee Trust Property Board ( ' the Board ' ) claimed that entries in the revenue record showed the land was part of a dharamshala and hence evacuee trust property --- Legality --- Nothing was available on record to suggest that the subject land ever became evacuee trust property --- Record of rights also did not mention that the Board or the Federal Government were the owners thereof --- Notification issued by the Directorate General of Katchi Abadis , declaring the said land as a katchi abadi , was not challenged --- Chairman of the Board had never determined that the said land was evacuee property , and had come to vest in the Board --- Properties of the Board are those which are part of the ' Trust Pool " or had been declared to be evacuee trust property as per section 7 of the Evacuee Trust Properties ( Management and Disposal ) Act , nor had been declared to be trust property --- Board's assertion 1975 , however , subject land was neither part of the Trust Pool that the subject land was evacuee trust property was not supported by any evidence or material --- Large number of people were living in the properties constructed on the subject land --- Neither the dharamshala management nor any member of the Hindu community had come forward to deny the ownership rights of the katchi abadi dwellers or objected to the declaration recommended that the said land be declared as a katchi abadi . of the said land as a katchi abadi --- Mayor of the city had and in doing so he had referred to government policy which required provision of housing for the poor and homeless
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