| Citation(s) |
|---|
| 2019 SLG 785 2019 SLD 785 2019 PLD 216 |
Lahore High Court
Writ Petition No. 4382 of 2017, decision Dated: 19-12-2018.
ALI AKBAR QURESHI, JUSTICE
Petitioner(s) by: Khalil Ahmad Ali Ch. M. Jawad Yaqoob, Assistant Advocate-General along with Saleha Saeed, Deputy Commissioner, Lahore/Chairman MSGYC and Afzaal Rehan, Secretary MSGYC.
Writ Petition No. 4382 of 2017, decision Dated: 19-12-2018.
ALI AKBAR QURESHI, JUSTICE
Petitioner(s) by: Khalil Ahmad Ali Ch. M. Jawad Yaqoob, Assistant Advocate-General along with Saleha Saeed, Deputy Commissioner, Lahore/Chairman MSGYC and Afzaal Rehan, Secretary MSGYC.
MIANI SAHIB GRAVEYARD
VS
ENCROACHERS AND OTHERS
Law: Graveyards (Preservation and Maintenance) Act, (XXV of 1958)
Section: 14,14(1)
(a) Miani Sahib Graveyard Ordinance (XLIV of 1962)--- ----Preamble---Graveyards (Preservation and Maintenance) Act (XXV of 1958), S.14(1)---Miani Sahab Graveyard ("the graveyard")---Encroachments and illegal sale of land---Brief history of the graveyard and encroachments and illegal sale of its land stated. (b) Miani Sahib Graveyard Ordinance (XLIV of 1962)--- ----Preamble---Graveyards (Preservation and Maintenance) Act (XXV of 1958), S.14---Miani Sahab Graveyard ("the graveyard")---Encroachments and illegal sale of graveyard's land---Directions given by the High Court that were to be implemented by the Miani Sahib Graveyard Committee with the help of the District Administration stated. Following are the directions issued by the High Court that were to be implemented by the Miani Sahib Graveyard Committee ("the Committee") with the help of the District Administration: (i) All new burials shall be made in the area/land of the graveyard recently retrieved by the order of the Court. The Deputy Commissioner/ Chairman shall ensure the compliance of the order in such regard; (ii) In future the land of the graveyard shall not be used for commercial or residential purposes by anyone and the Committee shall not permit or allow anyone to use the land for commercial or residential purpose; (iii) Lease rights of the flower shops built on graveyard's land shall be auctioned after every three years and they would be liable to pay the statutory increase along with the monthly lease money; (iv) Committee shall ensure that in future nobody encroached upon the land of the graveyard and if anybody tried to illegally possess the land, the Committee shall forthwith act against them and the same shall continue till the land was retrieved from the encroachers; (v) Committee will not allot or sell any land even an inch for 'ihata jaat'and if anybody tried to do the same by surrounding the land of the graveyard, the same shall not only be removed but an FIR shall be lodged against him/them; (vi) Committee shall not permit/allow anyone to make "pukhtaqabar" in the graveyard and if anybody tries to take the law in his own hand, the Committee shall act in accordance with law and…
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