2003 PLP 3078 (YLR)

Hashim Sabir Raja for Appellant. Muhammad Mushtaq Raj for Respondents. Date of hearing: 17th January, 2002. JAWWAD S. KHAWAJA, J.‑‑‑This Intra‑Court Appeal impugns the judgment dated 17‑4‑1994 passed by a learned Judge in Chamber in Writ Petition No. 5004 of 1992. The subject‑matter of the appeal is land measuring 50 Kanals, 53 sq. ft. situated in Mouza Kotli Abdul Rehman, which is Waqf property. The admitted position is that the land in question is situated in the heart of the city at a prime location. The Chief Administrator Auqaf alongwith employees of the Auqaf Department have, in a most unscrupulous and outrageous manner appropriated the property to their own use. This has been done by means of purported lease deeds executed in favour of the appellants for 99 years at the ridiculously inadequate rent of Re. 1 per marla per month.

2. The learned Judge in Chamber has by means of an elaborate and well‑reasoned judgment highlighted the glaring illegalities committed while leasing out the aforesaid land to the appellants. The Chief Administrator Auqaf has himself been the principal beneficiary of such illegalities by leasing out 1‑1/2 Kanals of the Waqf land to himself.

3. Learned counsel for the appellants has not been able to advance any valid argument, which would justify interference in the impugned judgment. He merely stated that the petitioner in Writ Petition No.5004 of 1992 namely, Malik Aslam Parvez, who is respondent No.3 in this appeal had no locus standi to file the writ petition. This contention is without merit. Firstly, it is to be noted that the said Malik Aslam Parvez was the elected representative of the people of Ward No.48 of the Metropolitan Corporation, Lahore and the land in question fell within his constituency. He also claimed to have relations with the family of the original dedicator of the Waqf property. These circumstances by themselves vest him with locus standi. Even otherwise, where the very functionaries deputed for protecting and preserving Waqf properties themselves indulge in illegalities with the object of misappropriating such properties, it is the right, indeed, duty of a citizen to challenge such misappropriation. Finally, it is worth‑mentioning that the aforesaid land was dedicated for the education of Muslims and for imparting Islamic instructions to them and was known as Daaras Mian Wadda Sahib. In this view of the matter, every Muslim was a beneficiary of the Waqf and was therefore, vested with locus standi to file a petition where the Waqf property was being misappropriated or used in contravention of the objects of the Waqf.

4. In view of the above discussion, we find no merit whatsoever in this appeal. It is, therefore, dismissed. The respondents Nos. 1 and 2 shall ensure that possession of the land in question is taken from the appellant at the earliest. They shall also initiate such legal action as may be permitted under law against the appellants to recover the loss occasioned to the Waqf on account of the illegalities and irregularities committed by the appellants. A report of the action taken by respondents Nos. 1 and 2 pursuant to this order shall be submitted in Court within 30 days from today.

5. The office is also directed to forward forthwith a copy of this judgment and the, judgment of the learned Single Judge in Writ Petition No.5004 of 1992 to the National Accountability Bureau. M.H./M‑1995/L Appeal dismissed.