Federal Constitutional Court Sets Aside LHC Verdict on Evacuee Trust Property, Sends Case Back for Fresh Hearing

Lahore: The Federal Constitutional Court has nullified the Lahore High Court’s decision that categorized the allotment of Evacuee Trust Property land to the Punjab Education Department as a dispute between governments. The case has been remanded back to the Lahore High Court for a fresh verdict.

During the hearing, Justice Hassan Azhar Rizvi questioned how land historically used by the Hindu community for cremation rites was allotted to the Education Department. He remarked that the allotment of Evacuee Trust Property to the Education Department does not constitute a conflict between federal and provincial governments.

Justice Rizvi further noted that since the land was allotted in 1989, construction may have already taken place on the site. He questioned how the Punjab Chief Minister had allotted such land to the Education Department and what action the Evacuee Trust Property Board (ETPB) had taken regarding the allotment.

The bench also questioned why the ETPB filed an appeal under the name of the Central Government, stating that the matter clearly does not fall under the category of a federal–provincial dispute.

Accepting the court’s proposal, both the Additional Advocate General of Punjab and representatives of the Evacuee Trust Property Board agreed to the remand.

The case was heard by a two-member bench headed by Justice Hassan Azhar Rizvi, which set aside the previous ruling and directed the Lahore High Court to rehear and decide the matter afresh.