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1980 SCMR 838(2)

MESSRS MANDIWALLA ESTATES LTD. vs GOVERNMENT OF ISLAMIC REPUBLIC OF

Citation1980 SCMR 838(2)
CourtSupreme Court of Pakistan
Case No.Civil Petitions for Special Leave to Appeal Nos. K-164 to K-166 of 1977
Date1980-05-18
Judge(s)Nasim Hasan Shah, Muhammad Haleem
ResultPetitions dismissed

ORDER

1. ' MUHAMMAD HALEEM, J.-This order will govern C. Ps. K-164 to K-176 of 1977, in which the question for consideration is as to whether the Provincial Government could levy and recover property tax in regard to the property situate within the Cantonment area by declaring it to an urban rating area under section 3(1) of the Sind Urban Immovable Property Tax Act, 1958, when otherwise the Cantonment Board is entitled to recover property tax under. Section 60 of the Cantonments Act, 1924. This question was decided by the High Court against the petitioners on the basis of the judgment of this Court in Pakistan v. Province of Punjab (1). The High Court also to note of the concession of the counsel appearing for the Cantonment Board to the effect that the Cantonment Board would not collect tax from the owner of the properties as it was receiving its due share from the Provincial Government. In the context of this concession and the promulgation of the President's Order No, 13 of 1979, which has given exclusive jurisdiction to the Cantonment Boards to collect property tax, these petitions have become infructuous. On this view of the matter, the counsel for the petitioner withdrew the petitions which were dismissed as such.

(1) PLD 1975 SC 37 revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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