“7. Considering the above, we are clear firstly that the
conclusion arrived at by the learned Single Bench in para 9 of
the impugned judgment, as reproduced above is incorrect and
the reliance on the case of Muhammad Hussain (supra) is
also misplaced. Secondly, it is evident that as of date, the
respondents can have no claim on the property in question.
According to the current law and arrangements put in place
by the Province subsequent to the Repeal Act the property
will have to be disposed of through open public auction so
that the assets vested in the Province and ultimately in the
people of the Province are duly protected. This shall not
prevent the Province from proceeding against the respondents
or others both for recovery of compensation for occupation
and use of the property and for any other action civil or
criminal in this case. This petition is converted into appeal
and is allowed in the above terms.”
PLD 1991 SC 1
Used in Judgment of:
Lahore High Court
Criminal Proceedings
1808967.811-15
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