Law:

Section:

(a) Punjab Waqf Properties Ordinance (IV of 1979)----S. 11---West Pakistan Waqf Properties Ordinance (XXVIII of 1961), S.7---West Pakistan General Clauses Act (VI of 1956), S.2(41)---Constitution of Pakistan (1973), Art.185(3)---Filing of petition against notification of acquisition of property as Wakf property before the District Judge---Limitation---Commencement of period-Principles. Under section 7 of the West Pakistan Waqf Properties Ordinance, 1961 and section 11 of the Punjab Waqf Properties Ordinance, 1979, thirty days period has been provided to file a petition against the acquisition of the property by the Auqaf Department. The time of thirty days will commence within thirty days of the "publication" of notification. Mere issuance of a "notification" is not sufficient nor mere printing of notification 'in Gazette is sufficient to constitute "publication". "Publication" takes effect only when notification (Gazette containing) is made available to general public. A notification which curtails or extends rights of citizens will take effect from date of its publication in Gazette and not from any prior date. Word "notification" according to section 2(41) of the West Pakistan General Clauses Act (VI of 1956), shall mean a notification published under proper Authority in the official Gazette. The clause "within 30 days of such notification under section 7 of West Pakistan Waqf Properties Ordinance, 1961", would mean within 30 days time when notification was brought to the notice of general public by normal mode. Legislature never intended to deprive the citizens of their valuable rights by merely printing a notification and not giving it proper publication. Notification, after printing, must be passed on to sales depot and displayed prominently at suitable public places and it has been further asserted that notification under section 7 must not only be published in Gazette but must also be served on person in possession of property declared as Waqf. Mere insertion in official Gazette of the notification is not enough; it should be published in the manner usually adopted for publication of such documents. In the present case the respondent had filed the…

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