2010 PLP 7 (CLC)

MAULVI ANWARUL HAQ, J.

According to the contents of this writ petition, the petitioners are residents of village Handu Tehsil Lahore Cantt: and there is a graveyard comprising Khasra Nos. 1750, 1759 and 1760 total measuring 22 Kanals and 15 Marlas as per entries in the Register Haqdaran Zamin for the year 1997-1998 (Annexure "A"). The grievance being made out is that the land in the said graveyard has not been acquired but the respondents in the process of executing a project namely "Ring Road" are trying to encroach upon the said rand. The respondents in their reply have taken objections that the petitioners have no locus standi to file the suit as they have no interest in the land in question. It has been additionally stated that portion of the graveyard is coming in the right of way of the "Ring Road" and in order to relocate the same, the Provincial Government has acquired land measuring 2 Kanals, 17 Marlas and 175 sq. feet in Khasra No.1765/1 and the affected graves will be shifted to the said land. It has further been stated that all efforts have been made to avoid the said land under the graveyard, but, because of the over all design, the land to the said extent has to be utilized for the project which is being executed for the public welfare.

3. The learned counsel for the petitioners contend that under the law graveyard cannot be acquired and even in the relevant notification the same has been excluded and as such the respondents have no lawful authority to utilize the land under the graveyard in the said project.

4. The learned Assistant Advocate-General on the other hand, contends that the petitioners cannot be said to have any grievance as admittedly they are not vested with any title in the suit-land. He, however, undertakes at the bar and explains that the land comprising Khasra No.1765/1 measuring 2 Kanals, 17 Marlas and 175 sq. feet has been acquired which is at a distance of only few hundred feet from the said graveyard land mentioned in the writ petition and the respondents shall take all steps to make arrangements for shifting of the graves from the affected portion to the said acquired land and to bury the remains strictly in accordance with the Islamic Injunctions in cooperation with the concerned persons.

5. I have given some thought to the respective contentions of the learned counsel for the parties and the learned law Officer.

6. No doubt a graveyard cannot be acquired under the law and even in the Award, Annexure "D", the land under the graveyard has been excluded. At the same time, the contention of the learned A.A.-G. that the petitioners would not be having any locus standi to file this writ petition is supported by the judgment cited by the learned A.A.-G. rendered in the case of Raja Ali Shan v. Messrs Essem Hotet Limited and others 2007 SCMR 741, and in view of the categorical stand taken by the respondents in their reply and further as undertaken at bar by the learned A.A.-G. that arrangements have been made to shift the graves from the affected portion and to bury the remains in land already acquired but the Provincial Government for the purpose. The W.P. is sans grievance when there is no denial that the project being executed is for the public good.

7. Writ petition is accordingly, disposed of with the direction that before executing the project at the relevant location, the graves from the affected portions shall be shifted to Khasra No.1765/1. No order as to costs. H.B.T./M-803/L Order accordingly.