Law:

Section:

Land Acquisition Act (I of 1894)--- ----S. 6---Specific Relief Act(I of 1877), Ss.42 & 52---Constitution of Pakistan, Arts.23 & 24---Constitutional petition---Acquisition of land of family graveyard---Permissibility---Fundamental Rights---Violation---Public welfare, consideration of---Petitioner contended that he had century old family graveyard on the subject land, which authorities were acquiring in violation of Fundamental Rights---Petitioner had also filed suit for declaration and permanent injunction against authorities to refrain them from demolishing or changing nature of said graveyard---Authorities took plea that they were ready to shift said graves to another land in accordance with all religious requirements---Validity---Good of public at large was more important---High Court observed that Fundamental Rights conferred on all persons and every religious denomination under Constitution were not absolute, and exercise of same must yield to maintenance of public order---Shifting of graves to another place was in large interest of society for purpose of maintaining public order--- Constitutional petition was not maintainable---Authorities were directed to abide by their undertaking as to shifting of graves to another place and also to provide land for the graves measuring equal to area of acquired land---Constitutional petition was dismissed in circumstances. Chowdhury Tanbir Ahmad Siddiky v. The Province of East Pakistan and others PLD 1968 SC 185; Raja Ali Shan v. Messrs Essem Hotel Ltd. and others 2007 SCMR 741 and Muhammad Naeem and 2 others v. Land Acquisition Collector, Board of Revenue Punjab, Lahore and 5 others 2010 CLC 7 rel. JUDGMENT SHAUKAT AZIZ SIDDIQUI, J.--- Petitioner invoked the Constitutional Jurisdiction of this Court by way of filing instant Writ Petition with the following prayer:--- "In view of the circumstances and facts stated above and the legal position explained, it is requested that this Honourable Court may graciously accept this Writ Petition and on acceptance thereof, direct the respondents to refrain from using the land of family private specified graveyard of the petitioner and his family members situated in khasra…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492