Law: Miani Sahib Graveyard Ordinance, (XLIV of 1962)

Section: 2(d), Schedule

Law: Transfer of Property Act, 1882

Section: 41

Law: Constitution of Pakistan, 1973

Section: 199,250

Miani Sahib Graveyard Ordinance (XLIV of 1962)--- ----Ss. 2(d) & Sched.---West Pakistan Graveyard (Preservation and Maintenance) Act (XXV of 1958), Ss. 5, 6 & 12---Transfer of Property Act (IV of 1882), S.41---Constitution of Pakistan (1973), Arts. 199 & 250---Constitutional petition---Land falling in Specific Khasra included in Schedule appended to Miani Sahib Graveyard Ordinance, 1962 purchased by petitioner from private person---Removal of encroachments by Graveyard Committee---Petitioner's plea that he was bona fide purchaser of such land through registered sale-deed executed in year, 2005; that no notification as required by law had been issued; and that he was not heard by Committee before starting such campaign---Validity--Only transactions completed before 18th June, 1962 were past and closed for all practical purposes for being saved by President's Order No.29 of 1962 and Art. 250 of Constitution---As per report made by Senior Member, Board of Revenue, petitioner after conducting survey, encroachments had been made upon land owned by Miani Sahib Graveyard---Petitioner, if purchased land owned by Miani Sahib Graveyard, could not blame others---Duty of petitioner was to firstly enquire from relevant quarters about status of such land as required by provisions of Transfer of Property Act, 1882---Petitioner had approached High Court for equitable relief, but with unclean hands for being an encroacher---Petitioner was not entitled to any discretionary relief---High Court dismissed constitutional petition. Noor v. The Chairman, Miani Sahib Graveyard Committee, Lahore PLD 1973 SC 17 and C.P.L.A. No.305 of 2002 rel. Messrs Airport Support Services v. The Airport Manager, Quaid-e-Azam International Airport, Karachi and others 1998 SCMR 2268; Professor Yameen-ud-Din, Advocate v. Lahore Graveyard' Committee through Deputy Commissioner/Chairman and another 2003 CLC 1718; Muhammad Din and 9 others v. Province of the Punjab through Collector, District Rahimyar Khan and 3 others PLD 1990 Lah. 58; Dr. Nusrat Ullah Chaudhry and 2 others v. Government of the Punjab through Secretary, Cooperative Department, Lahore and 2 others PLD 1994 Lah. 353;…

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