ZULFIQAR ALI SHAH Versus LAHORE DEVELOPMENT AUTHORITY
This matter arises from a petition for special leave to appeal concerning the acquisition of land comprising Khasras functioning as an Imambara site by the Lahore Improvement Trust, now the Lahore Development Authority, under the Land Acquisition Act for the Allama Iqbal Township housing scheme. The core legal question is whether religious and waqf properties, specifically an Imambara site, are exempt from compulsory acquisition under administrative instructions contained in Board of Revenue Standing Order No. 28. The Supreme Court held that the contention regarding the binding nature and applicability of the instructions against compulsory acquisition of religious places requires consideration. Consequently, the Court granted leave to appeal, directing that the appeal be made ready for early hearing with permission to file additional documents.
- Can land comprising a religious place or waqf property be acquired compulsorily under the Land Acquisition Act in view of Board of Revenue Standing Order No. 28?
- Whether administrative instructions contained in a Standing Order bar the acquisition of property attached to a religious institution?
- Land Acquisition Act 1894
ORDER
SAAD SAOOD JAN, J.- -The dispute in this petition for special leave to appeal relates to Khasras No. 1113 and 81 of village Bhekewal within the limits of Lahore Corporation. These Khasras were the site of an Imambara and the petitioner was the Mutwali thereof. The Lahore Improvement Trust, now represented by the Lahore Development Authority, framed a Housing Scheme known as 'Allama lqbal Township' and acquired land under the Land Acquisition Act for the purpose of the Scheme. The said Khasras fell within the area so acquired. Although the petitioner now contends that the Khasras were not mentioned in the notification of but no such plea was taken by him in his pleadings. However, that may be, the petitioner filed a suit for declaration to the effect that the land covered by the said Khasras, being waqf property, could not be acquired by the Lahore Development Trust. The suit was decreed by the trial Court and the appeal preferred by the Lahore Development Authority was dismissed by the Additional District Judge. The Lahore Development Authority then preferred a second appeal in the High Court which was accepted and the suit of the petitioner was dismissed.
2. In support of this petition it is contended that there are instructions of the Board of Revenue contained in Standing Order No. 28 to the effect that in no circumstances any religious place of worship, shrine, tomb, graveyard or any other property attached to any such institution should be acquired compulsorily. In view of these clear instructions land forming site of the Imambara could not be acquired by the Lahore Improvement Trust.
3. The contention raised on behalf of the petitioner requires consideration. Leave to appeal is granted. Security for costs in the sum of Rs.2,500. The appeal may be made ready for hearing at an early date on the present record with permission to the parties to file additional documents, if any.
S.Q./Z-16/S Leave granted.