1989 PLP 13 (MLD)

"(i) That the orders, dated 22-10-1987 and 2-11-1987 as contained as Annexures Order/Direction on the same lines for interfering with the Mazar and/or its sanctity is bad in law and of no legal effect. (ii) to restrain, prohibit and to command respondent in each of them not to interfere, trespass or otherwise demolish or interfere with the Mazar as constructed and as presently to be found." By the letter dated 22-10-1987, the Assistant Engineer (Civil) Quaid-e-Azam Mazar Fund required the petitioner Mr. Mazhar Siddiqui who is stated to be Secretary of the Seemab Academy to immediately see the writer and to discuss practical measures so that the occupation of Government land is vacated at an early date. By the letter dated 2-11-1987, the Resident Engineer requested the Secretary of Seemab Academy to get dismantled the platform raised around the grave and the level of Tawiz over the grave be lowered. The petitioner has based his right on the following decision taken by the Quaid-e-Azam Memorial Fund Board in the meeting held under the Chairmanship of Mr. Abdur Rahim Masud, Honorary Secretary Quaid-e-Azam Memorial Fund, on 18th September, 1986. "Item 4 Protection and Preservation of Allama Seemab Akbarabadi's Grave. The Honorary Secretary, and other participants agreed with the observations made in the working paper m the context of the Item 4 of the agenda protection and preservation of Allama Seemab Akbarabadi's Grave, that the importance of the construction of Allama's Mazar, befitting his services to the cause of Urdu Literature, Islam and Pakistan could not be Aver-emphasised and that barring construction of a Mausoleum, the Seemab Academy might, for the purpose of protection and preservation, repair the pucca grave and a chained enclosure might also be erected if so desired." Now it is argued by the learned counsel for the petitioner that the two letters referred to above are contrary to the decision recorded in the above quoted minutes. Learned Deputy Attorney-General and Additional Advocate-General both submit that what was permitted to the petitioner was the repair of the grave and to chain the enclosure in order to protect and preserve the grave. Now, what the petitioner has done is much more beyond the permission granted by respondent No.2. The respondents have asked the petitioner to dismantle the platform raised around the grave and lower the Tawiz of grave. We agree with the learned Deputy Attorney-General and the Additional Advocate-General. Learned Deputy Attorney-General, however, agrees that the present Tawiz will not be dismantled but the excess land included in the boundary and changes made in the boundary which are not in accord with the permission will be got vacated and dismantled if the petitioner does not do so itself. We, therefore, dispose of this petition in above terms leaving the parties, in the circumstances of this case, to bear their own costs. M.Y.H./S-297/K Order accordingly.