Law:

Section:

(a) Land Reforms Act (II of 1977)--- ----Ss. 7 & 9---West Pakistan Waqf Properties Ordinance (XXVIII of 1961), Preamble---Applicability of Land Reforms Act, 1977 to Waqf Properties Ordinance, 1961---Extent---Provisions of Land Reforms Act, 1977 so far as made applicable to Waqf properties were though repugnant to Injunctions of Islam, its "self-executory provisions" having already taken effect would continue despite such declaration. Qazalbash Waqf and others v. Chief Land Commissioner, Punjab, Lahore and others PLD 1990 SC 99 ref. (b) Land Reforms Act (II of 1977) ----Ss. 7(5) & 9(2)---Excess land---"Self-executory provision" of Land Reforms Act, 1977---Effect---Land was declared to be in excess of permissible holding by Authority long before provisions of Land Reforms Act, 1977 were declared to be repugnant to Injunctions of Islam with regard to Waqf properties---Such land had forthwith vested in Provincial Government in spite of non-separation of same from the permissible limit of holding---Merely because further act for surrender of excess land had yet to take place, same did not have the effect of rendering provisions of Land Reforms Act, 1977 as non-self-­executory---Order passed for implementation of earlier order of Authority viz. for separation of excess land was neither illegal nor suffered from jurisdictional defect. The Chairman, Federal Land Commission, Islamabad and another v. Akhtar Abbas PLD 1989 SC 550 ref. JUDGMENT MUNIR A. SHAIKH, J.---This judgment will also dispose of Writ Petition No.3076 of 1989 as common questions of law and facts are involved in both of them. 2. This Constitutional petition raises the question of legality of order dated 30-7-1989 passed by the Chairman, Federal Land Commission by which it has been directed that order dated 27-2-1978 passed by the Deputy Land Commissioner, Sahiwal should be implemented. 3. The dispute relates to Waqf land attached to Shrine of Baba Farid-ud-­Din Ganj Shakar, Pakpattan Shari£ Under the Land Reforms Act, 1977, no person could own or possess land in excess of 8000 P.I. Units. The provisions of this Act were also made applicable to such land which was Waqf or was subject-matter -of…

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