Law: Punjab Graveyards (Preservation and Maintenance) Act, 1958

Section: 2(2),3,6,7,13,14

Miani Sahib Graveyard Ordinance (XLIV of 1962)--- ----Preamble---Punjab Graveyards (Preservation and Maintenance) Act (XXV of 1958), Ss. 2(2), 3, 6, 7, 13 & 14---Martial Law Regulation [C. M. L. A,s] No. 20---(Martial Law Order) [C. M. L. A's], No. 131)---Area of Miani Sahib Graveyard---Demarcation---Miani Sahib Graveyard, a trust---Miani Sahib Graveyard Committee---Functions---Contention of petitioner was that property consisting of hall, two rooms and verandah situated in the area of Miani Sahib Graveyard belonged to Shrine Sain Sher Muhammad and that Miani Sahib Graveyard Committee should not interfere in the possession of petitioner who was Mutwalli---Validity---When any person was aggrieved from inclusion or exclusion of land in Miani Sahib Graveyard he/she should have filed application under S. 6 of Punjab Graveyards (Preservation and Maintenance) Act, 1958 within three months to the Government---Said application was to be decided by the 'Tribunal' appointed under S. 7 of the said Act---Miani Sahib Graveyard Committee constituted under the provisions of Miani Sahib Graveyard Ordinance, 1962 had no concern with the inclusion or exclusion of land in the Schedule annexed with the Ordinance---Predecessor of petitioner had not filed application for exclusion of the land in question with the stipulated period in accordance with law---Martial Law Authorities in order to demarcate the area of Miani Sahib Graveyard issued a 'Press Note' on 29-04-1962 giving Khasra numbers of total area of the Miani Sahib Graveyard measuring 1248 kanals 14 marlas and 28 sq. ft. including Khasra number pertaining to the property in question---Area mentioned in the 'Press Note' vested in and became the part of 'Trust' i.e. Miani Sahib Graveyard Trust---Properties mentioned in the Schedule annexed with Miani Sahib Graveyard Ordinance, 1962 had vested in the 'Trust' and status of said properties could not be questioned in any manner whatsoever---Petitioner was in possession of land bearing Khasra No.6716 which had been mentioned in the 'Press Note' and Schedule---'Press Note' and the subsequent legislation made by the thenMartial Law Authorities had been protected by the Supreme…

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