Law:

Section:

(a) Punjab Waqf Properties Ordinance (IV of 1979)------Ss. 7, 15 & 16---Selling/disposal of Waqf property---Procedure---Unless the final notification has been issued and once the property has been taken over and scheme has been prepared for the administration and development of such Waqf property, but not for the purpose of sale or otherwise, then the property falls within the pool of Waqf property, which can be sold or otherwise disposed of, subject to the provisions of S.16 of Punjab Waqf Properties Ordinance, 1979, to achieve the object mentioned therein. (b) Punjab Waqf Properties Ordinance (IV of 1979)--- ----Ss. 15 & 16---Selling/disposal of Waqf property---Scheme, preparation of---Jurisdiction---Except Government, no one else can prepare a scheme for the purpose of sale or disposal of the property, in order to secure maximum economic benefit from such property or to avoid damage to such property etc. (c) Punjab Waqf Properties Ordinance (IV of 1979)--- ----Ss. 7, 15 & 16---West Pakistan Waqf Properties (Administration) Rules, 1960, R.7---Constitution of Pakistan (1973), Art.185(3)--- Selling/disposal of Waqf property---Powers of Chief Administrator Auqaf---Scheme was prepared and land owned by Auqaf Department was leased out to its employees for a period of ninety nine years, at very nominal rates---High Court, in exercise of Constitutional jurisdiction, set aside the decision of Chief Administrator Auqaf, and directed the authorities to repossess the property---Judgment passed by High Court was maintained by Division Bench of High Court in Intra-Court Appeal---Validity---Even if the Chief Administrator was also enjoying the power of Secretary to the Government, Auqaf Department Punjab, he had an obligation to take sanction for the purpose of selling or disposing of the property or otherwise---Since in the present case, Government of Punjab had not floated the housing scheme to accommodate the employees of Auqaf Department, therefore, merely for the reason that in certain documents, referred to by petitioners, the word 'Provincial Government' or 'Chief Administrator' had been used, it did not mean that the Chief Administrator with the powers…

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