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Petitioner: ZULFIQAR ALI SHAH VS Respondent: LAHORE DEVELOPMENT AUTHORITY
1988 S C M R 86
1988 S C M R 86
Present: Aslam Riaz Hussain, Javid Iqbal and Saad Saood Jan, JJ
Syed ZULFIQAR ALI SHAH--Petitioner
versus
LAHORE DEVELOPMENT AUTHORITY and another--Respondents
Civil Petition for Special Leave to Appeal No. 502 of 1982, decided on 18th May, 1987.
(On appeal from the judgment of the Lahore High Court, dated 11-5-1982 in R.S.A. No. 3 of 1982).
Land Acquisition Act (I of 1894)
---S. 4--Constitution of Pakistan (1973), Art. 185(3)--Land including Khasras which were site of an Imambara acquired by Development Authority for housing scheme--Leave to appeal granted to consider question that there were instructions of Board of Revenue contained in Standing Order No. 28 to the effect that in no circumstances any religious place of worship, shrine, tomb, graveyard or any other property attached to any such institution should be acquired :compulsorily and that in view of such instructions, land forming site of Imambara could not be acquired by Development Authority.
Ch. Muhammad Sadiq, Advocate Supreme Court with Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioners.
Khakan Babar, Advocate Supreme Court with Hamid Aslam Qureshi, Advocate-on-Record for Respondents.
Date of hearing: 18th May, 1987.
ORDER
SAAD SAOOD JAN, J.--The dispute in this petition for special leave to appeal relates to Khasras No. 1113 and 81 of village Bhekewal within the limits of Lahore Corporation. These Khasras were the site of an Imambara and the petitioner was the Mutwali thereof. The Lahore Improvement Trust, now represented by the Lahore Development Authority, framed a Housing Scheme known as 'Allama lqbal Township' and acquired land under the Land Acquisition Act for the purpose of the Scheme. The said Khasras fell within the area so acquired. Although the petitioner now contends that the Khasras were not mentioned in the notification of but no such plea was taken by him in his pleadings. However, that may be, the petitioner filed a suit for declaration to the effect that the land covered by the said Khasras, being waqf property, could not be acquired by the Lahore Development Trust. The suit was decreed by the trial Court and the appeal preferred by the Lahore Development Authority was dismissed by the Additional District Judge. The Lahore Development Authority then preferred a second appeal in the High Court which was accepted and the suit of the petitioner was dismissed.
2. In support of this petition it is contended that there are instructions of the Board of Revenue contained in Standing Order No. 28 to the effect that in no circumstances any religious place of worship, shrine, tomb, graveyard or any other property attached to any such institution should be acquired compulsorily. In view of these clear instructions land forming site of the Imambara could not be acquired by the Lahore Improvement Trust.
3. The contention raised on behalf of the petitioner requires consideration. Leave to appeal is granted. Security for costs in the sum of Rs.2,500. The appeal may be made ready for hearing at an early date on the present record with permission to the parties to file additional documents, if any.
S.Q./Z-16/S Leave granted.