Law: Constitution of Pakistan, 1973

Section: 199

Summary The petitioner claimed rights over ST plots allegedly allotted in 1998 for medical and educational purposes and sought protection from interference and demolition. The respondents argued that the allotment was made by an authority lacking jurisdiction and that the land was an amenity plot reserved for public use (government school). The Court held that any act done without lawful authority is void ab initio and creates no vested rights. It further observed that public amenity land cannot be diverted for private use and there is no estoppel against statute. Since the petitioner failed to establish any lawful entitlement, the petition was dismissed. Sections / Legal Provisions Used (Numbers Only) 199 2 Two-Word Descriptions Unauthorized Allotment Public Amenity       ORDER SHEET  Petitioner Majlis-Tib-Wa Adab Pakistan has filed this Constitution Petition under Article 199 of the Islamic Republic of Pakistan 1973 seeking following relief: It is therefore, respectfully prayed that this Hon'ble court may graciously be pleased to pass an order issuing the writ directing to the respondents No. 01 to 04 for protecting the processional rights in respect of the ST Plots and the writ may be issued against private respondents No.06 to 08 not to interfere in the smooth management of the petitioner in respect of the ST-Plots mentioned Supra.   Any other relief, relives which this Hon'ble Court deems fit and proper.   The petitioner, General Secretary of Majlis-e-Tibb-o-Adab, claims that various plots were allotted to him for Tib, pharmacy, liver research, and establishment of educational and recreational facilities. He apprehends that the authorities intend to demolish or hand over the property to an NGO, depriving him of rights accrued through lawful orders. The matter is claiming to be pertaining to public importance regarding Auqaf and Zakat properties. Earlier, this Court directed the Auqaf and Zakat Departments to submit complete records of properties, income, utilization, and ten years’ Zakat disbursement details, emphasizing transparency and warning of contempt for non-compliance. 2   The learned A.A.G.…