UMRA KHAN vs SHIRIN BUHAR And Other
This matter concerns a petition for leave to appeal challenging the jurisdiction of the Rent Controller to adjudicate disputes within the tribal areas of Swat. The core legal question presented is whether the West Pakistan Urban Rent Restriction Ordinance, 1959, remained applicable and enforceable in the tribal areas following the promulgation of the Provincially Administered Tribal Areas (PATA) Regulation, 1975. The petitioner contends that the 1959 Ordinance ceased to have legal effect upon the enactment of the 1975 Regulation, rendering subsequent notifications regarding the appointment of Rent Controllers and the application of the Ordinance to the area ineffective. The Supreme Court, noting that similar legal points were raised in other pending matters, granted leave to appeal to examine the interplay between the 1959 Ordinance and the 1975 Regulation. The Court directed that the case be heard alongside related petitions and appeals, while simultaneously granting a stay order consistent with the precedent established in the case of Rehmani Gul.
- Does the West Pakistan Urban Rent Restriction Ordinance, 1959, retain jurisdiction in the Provincially Administered Tribal Areas after the promulgation of the PATA Regulation, 1975?
- Can a notification extending the application of the West Pakistan Urban Rent Restriction Ordinance, 1959, to tribal areas be valid if issued after the 1975 Regulation?
- West Pakistan Urban Rent Restriction Ordinance, 1959
- Provincially Administered Tribal Areas (PATA) Regulation, 1975
1. MIAN BURHANUDDIN KHAN, J.--Leave is sought on the ground that in the presence of the PATA Regulation, 1975 the Rent Controller had no jurisdiction under the West Pakistan Urban Rent Restriction Ordinance, 1959; that this Ordinance ceased to have any effect after the promulgation of the PATA Regulation particularly so when the said Ordinance had not been in force by that date; that mere appointment of Controller issuance of Notification regarding the area within the tribal areas of Swat to which the Ordinance was made applicable after' the 1975 Regulation have no effect. Similar point was raised in Civil Petition No.9/P/84 and Civil Appeals Nos. 38/P and 39/P of 1984. We grant leave to consider inter alia the points raised. Security rupees two thousand and five hundred only. To be heard on the present record at an early date, alongwith C.P. 9/P/84 and C.As 38/P and 39/P of 1984. Stay as in Rehmani Gulls case C.A. 54 of 1984.