Levy on transfer of inherited property No reply from Cantt board displeases court
2025-05-01
LAHORE: The Lahore High Court on Wednesday expressed its displeasure over non-submission of reply by the Lahore Cantonment Board (LCB) in a matter related to levy of additionalcharges onthetransferof inherited property.
Justice Shams Mahmood Mirza had on Sept 16, 2024 suspended the levy of additional chargesby the LCB and sought a reply from it.
On Wednesday, it was the fourth hearing of the case, but the LCB failed to furnish its reply.
A counsel for the board appeared before the court and sought more time to submit the response.
Justice Mirza expressed his displeasure over the delay in filing the reply and directed the respondent to comply with the order by the next hearing.
The judge also extended the stay order against the impugnedorder of the levy.
Jamil Ahmad, a resident of Saddar Bazar, Lahore, filed the petition against the levy and also challenged the policy formulated for the conversion of properties and their leases in the cantonment boards.
On behalf of the petitioner, Advocate Taffazul Haider Rizvi argued 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 ofan ancestralpropertylocated 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 demanding an amount of Rs3.8m under various heads. He said under the law there were no taxes/ charges on the devolution of an inheritance property.
