Law:

Section:

(a) Constitution of Pakistan (1973)---- ----Art. 185(3)---Leave to appeal was granted by Supreme Court to examine the rights of the owners to change the status of land which was being used as Rafah-e-Aam. (b) Specific Relief Act (I of 1877)- ----Ss. 42 & 54---Suit for declaration and permanent injunction ---Cypres, doctrine of---Applicability---Suit land had the status of Rafah-e-Aam in Revenue Record but the appellants who were the owners of the same intended to change the status and use the land for commercial purposes--­Concurrently all the Courts below had dismissed the suit of the appellants--­Validity---Ownership of the land in dispute could not be changed which would remain as "Maqbuza Rafah-i-Aam"---Land though could not be used for the purpose for which the same was originally meant for, yet the land could be used for any other purpose for the welfare of general public--­Authorities raised a plea that the land might be converted into a public park---Where the formal or particular purpose could not be carried out the Court might approve scheme which was in consonance with the general intention of the donor---Doctrine of cypres was pressed into service by Supreme Court and found that by converting the land In dispute into a public park the objective could be achieved by utilizing the land for the public-at-­large. JUDGMENT JAVED IQBAL, J. --These two appeals by leave of the Court are directed against judgment, dated 17-11-1994 of Lahore High Court, Rawalpindi Bench, Rawalpindi, whereby the two-RSAs preferred on behalf of appellants were dismissed. 2. Leave was granted by this Court vide order, dated 31-5-1995 which is reproduced hereinbelow to appreciate the legal and factual aspects of the controversy:-- "The facts giving rise to Petitions No.111 of 1995 (Ali Ahmad and others v. Municipal Committee, Talagang and others and 112 of 1995 (Ali Ahmad and others v. Abdul Rashid and others) are that on 12-12-1964 the land under dispute was allotted to Umardin and Mehtab Din by Settlement Department. On 7-6-1966 they sold it to Muhammad Nawaz. On 17-9-1971, Muhammad Nawaz sold it to the -Petitioners. The -Petitioners intended to construct a building…

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