Law:

Section:

Punjab Waqf Properties Ordinance (IV of 1979)--- ---Ss. 15 & 16---Constitution of Pakistan (1973), Art.199---Constitutional petition---Petitioner had contended that land donated by his predecessors to Khanqah for religious and charitable purpose was being leased out for construction of petrol pump by Auqaf authorities which were not authorized to alienate the sane---Property in question was being used as playground of the school established on the donated/waqf property---Authorities argued that the property was being leased out by the approval of the Chief Minister---Validity---Waqf property could not be leased out for more than three years but the Auqaf authorities had leased the waqf land for thirty years at a lousy rent of Rs.4000 per month---Property in question was so carved out by the waqf authorities that the remaining portion of the property was rendered useless as a playground---Lease for more than three years was illegal as the same amounted to sale---Grant of lease seemed to be a colourable exercise of jurisdiction by authorities as well as the Chief Minister who sanctioned the lease despite objections of the Finance Department---Land donated for religious purposes could only be used for educational purposes and for no other purpose---Places reserved for public purpose could not be converted into commercial enterprise---Waqf' land could only be used for the purpose for which such land was donated, however, use for educational purpose was an exception---Lease for thirty years being void ab initio, was cancelled---Constitutional petition was allowed. Naeem Ahmad v. Chief Administrator Auqaf 2004 CLC 599; Malik Aslam Pervaiz v. Province of Punjab and others 1994 MLD 1986; Sahibzada Mansoor Ahmad v. Chief Administrator Auqaf 1993 MLD 2529and Manzoor Bhatti v. Executive Officer Cantonment Board PLD 2002 Lah. 412 rel. Allama Maqsood Ahmed v. Government of Punjab 2005 SCMR 816 and Moulvi Iqbal Haider v. CDA PLD 2006 SC 364 fol. JUDGMENT TARIQ JAVAID, J.---The petitioner has assailed the lease of land, which is a waqf property, managed and controlled by the respondent No.1. 2. Learned counsel for the petitioner maintained that said land was bequeathed by…

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