LAHORE: The Lahore High Court on Monday suspended the levy of additional charges by the Lahore Cantonment Board (LCB) on the transfer of inherited property.

Justice Shams Mehmood Mirza passed the order on a petition filed by a resident of Saddar Bazaar, Lahore cantonment.

Petitioner Jamil Ahmad also challenged a policy formulated for the conversion of properties and their leases in the cantonment boards.

Advocate Taffazul Haider Rizvi argued on behalf of the petitioner that the affairs of the cantonment boards were managed under the Cantonment Act, 1924 and the Cantonment Land Administration Rules, 1937. Therefore, he said, any amount demanded for transfer of an ancestral property located in the cantonment area would be illegal and ultra vires.

He pointed out that the late mother of the petitioner was owner of a residential property in Lahore cantonment and after her demise the property devolved on the petitioner and his siblings being legal heirs. He said when the petitioner approached the LCB for the transfer of the house in the name of legal heirs, the board issued a letter on June 20, 2024, wherein an amount of Rs3.8m was demanded under various heads for the transfer.

He stated that under the law there were no taxes/charges on the devolution of an inheritance property. He argued that all citizens under article 25 of the Constitution are entitled to equal protection of the law.

Advocate Rizvi said the respondent board was trying to do indirectly what it cannot do directly. He argued that the revised policy of the LCB and the impugned letter issued to the petitioner was contrary to the law, requesting the court to set aside them.

After hearing the preliminary arguments, Justice Mirza suspended the impugned letter and sought replies from the LCB and the federal government within a fortnight.

DISPOSED OF: LHC Justice Aalia Neelum on Monday disposed of an application of PTI Punjab President Dr Yasmin Rashid seeking transfer of her bail petitions in multiple cases of May 9 riots to another anti-terrorism court.

The applicant sought transfer of her bail plea from the ATC No 1 to No 3 due to unavailability of the judge in the former.

During the hearing, the chief justice observed that nominations for the appointment of judges in all ATCs had already been sent for final approval and the vacancies would soon be filled in all the courts.

At this, a counsel for Dr Yasmin requested to withdraw the petition, which the chief justice accepted, and the petition was disposed of.

STAY: The LHC stayed an increase in the rent of small municipal shops, directing the Okara deputy commissioner to collect old rent from shopkeepers.

Justice Abid Hussain Chattha issued the stay order in favour of 61 shopkeepers of the Basirpur Municipal Corporation.

Published in Dawn, September 17th, 2024