P L D 2008 Lahore 428 (PLP)

SAYED ZAHID HUSSAIN, C. J.

The petitioner who is resident of G-I, Block, Muhammad Ali Johar Town, Lahore has approached this Court with the grievance that there is no plot for mosque in Block G-I although thousands of Muslims reside in the said locality and since there was no site earmarked/allocated for mosque, the people were offering prayers in a park within G-I, Block without any regular and permanent arrangement. Respondents Nos. 4 to 19 and applicant in C.M. No.758/08 have also similar grievances who support the petitioner. A direction is thus, sought that "the respondents may very kindly be directed to provide a one kanal Plot for mosque in G-I Block or allocated one Kanal in corner of the Park behind G-I Market." The respondents cited in the petition are the Government of the Punjab along with Director-General, Parks and Horticulture Authority, Lahore and Director-General, Lahore Development Authority.

2. When this petition came up for motion hearing, Mr. Muhammad Hanif Khatana, the then Additional Advocate-General, Punjab (now acting Advocate-General Punjab) was deputed "to visit the site and submit report by the next date of hearing" who submitted his report after extensive survey in the area. Some of the subsequent interim orders which were passed from time to time also need to be kept in view in order to comprehend the stages this petition has passed. On 17-3-2008, it was noted that "in one corner of the park within G-I Block of Johar Town, Lahore, the people of the area have made temporary arrangement for offering their prayers. The learned Legal Advisor for Lahore Development Authority states that since the park is maintained by Parks and Horticulture Authority, Lahore, only the Director-General, Parks and Horticulture Authority can take any effective steps for allocation of any site for the mosque." Some adjournments were granted thereafter to enable the Authority concerned to make suitable arrangements for a mosque. On 29-4-2008, the following order was passed:

"The Legal Advisor for Lahore Development Authority has produced the plan of G-I Block, M.A. Johar Town, Lahore, the perusal whereof shows that no site for any mosque was reserved/earmarked in that locality. That is how the petitioner's contention that the people of the locality are offering their prayers in a park by making a temporary arrangement find support. It is stated by the Town Planner, Lahore Development Authority that in all schemes/colonies for each block site for mosque is reserved but has not been done here. The availability of a mosque in an area for a Muslim community for offering prayers which is a religious duty is a necessity. The learned Legal Advisor for Parks and Horticulture Authority, who is accompanied by Azhar Ali Sulehria, Director Parks, has been directed to earmark a suitable site within the park measuring 22 kanals 2 marlas, 70 feet for the construction of 'a mosque by the residents of the locality. The petitioner will get in touch with the learned Legal Advisor for Parks and Horticulture Authority for a coordinated effort for this purpose." Thereafter on 29-5-2008, the following order was passed:-- "It is pointed out that no substantial progress has been made pursuant to order dated 29-4-2008 in the matter. Let respondent No.2 as also respondent No.3 appear in person in Court in order to explain as to why in such a big residential scheme no site for mosque has been reserved or allocated at any appropriate site. To come up on 4-6-2008." However, on 4-6-2008, the Director-General, Lahore Development Authority as also the Director-General, Parks and Horticulture Authority assured that "some site within the park area will be reserved for offering prayer as a mosque, for which purpose, a plan prepared by them will be submitted in Court on 9-6-2008."

3. Today (9-6-2008) the official respondents who were present along with their Legal Advisors and record, have come out with the proposal that a similar arrangement as was made for people of Barkat Market, Garden Town, Lahore will be made here for the residents of this locality. Such conduct of the Authorities realizing the need and necessity of the people of the area is consistent with Qur'anic Verses and precedents elaborately, noted and discussed by Mian Nazir Akhtar, J. (as his Lordship then was) in Haq Nawaz and others v. Province of the Punjab through Chief Secretary, Civil Secretariat, Lahore and 2 others 1997 MLD

299. It was observed that:-- "After migration of Madina, the Holy Prophet Hazrat Muhammad (s.a.w.s.) got a mosque built at Quba, a place about 3 miles away from Madina. He personally took part in the construction work to demonstrate the supreme importance of the House of Allah. After staying at Quba for about a fortnight, the Holy Prophet (s.a.w.s.) reached Madina and first of all got Masjid-e-Nabvi constructed adjacent to his house .Generally all mosques, apart from being places of worship, are centers of religious teaching and learning. The elementary education of reading and reciting the Holy Qur'an is imparted invariably at every mosque Muslims treat it as an act of great virtue to construct, maintain and respect mosques." It was observed that: "A mosque is a vitally important religious institution of a Muslim society which is essential for practising Islam. Any act done by any person or a State functionary' which obstructs the establishment, maintenance or management of a mosque really deprives the Muslims using the said mosque practise their religion."

4. It is not denied that in all housing schemes prepared by the official agencies like Lahore Development Authority, sites for mosques are reserved at appropriate places. As is averred in the comments filed by the Parks and Horticulture Authority, it was indeed "the responsibility of Lahore Development Authority to provide piece of land for construction of mosque and has to be earmarked in the master plan". Be that as it may, since now both Lahore Development Authority and Parks and Horticulture Authority have realized the importance and necessity of mosque and come out with the plan for making suitable arrangements for offering prayer by the people of the locality by reserving the site within the park area with the necessary facilities, no further direction is called for. Site plan of G-I Block Park at Muhammad Ali Johar Town, drawn and prepared by Parks and Horticulture Authority has been produced wherein a site for the proposed mosque with amenities having an area of 2260 sq. ft. has been earmarked and shown with necessary measurements. It is undertaken by the Parks and Horticulture Authority that necessary erections/structure will be raised within this month. It is expected that Parks and Horticulture Authority will honour its commitment and take immediate steps required for this purpose. The site plan so produced before the Court is taken on the file and made part of the record.

5. At this juncture I would like to appreciate the cooperation extended by Mr. Muhammad Hanif Khatana, the acting Advocate General Punjab who has spent time and took pain in this matter, the learned Legal Advisors for the official agencies and their Director-Generals as also the learned counsel for the petitioner who have vigorously pursued this matter for the noble and religious cause. The petition has, thus, fructified which is disposed of accordingly. M.B.A./M-196/L Order accordingly.