| Case ID |
38225afd-4c66-4835-bdf8-491446abcc12 |
| Body |
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| Case Number |
W.P. No. 2921 of 2019 |
| Decision Date |
Jan 24, 2023 |
| Hearing Date |
Jan 24, 2023 |
| Decision |
The Islamabad High Court disposed of the writ petition, directing the Chief Commissioner of Islamabad to protect the status of the common land (chiragah) in Mouza Tumair. The court emphasized that any conversion of the land for residential purposes is prohibited. The Board of Revenue is tasked with issuing notifications to restore the status of the chiragah and to conduct a survey of the properties involved. The court also highlighted the importance of adhering to the terms of the Shart Wajib-ul-Arz, which governs the use and classification of common land. It was stated that the Chief Commissioner has the authority to take action against illegal encroachments and to ensure that the common land is not converted for private development purposes. |
| Summary |
This case revolves around the protection of common land (chiragah) in Mouza Tumair, Islamabad, against illegal conversion for residential development. The court examined the implications of the Constitution of Pakistan, particularly regarding the preservation of common land as stipulated in the Shart Wajib-ul-Arz agreement among local landlords. The decision underscores the necessity for the Chief Commissioner of Islamabad to implement measures to restore and maintain the character of the chiragah, ensuring it remains accessible for public use. The ruling reiterates the legal framework surrounding land use and the authority of revenue officials in managing common lands, highlighting the importance of compliance with established land revenue laws and regulations. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
Mohsin Akhtar Kayani, J.
|
| Lawyers |
Ms. Khadija Ali, State Counsel,
Mr. Naseer Ahmad, Naib Tehsildar,
Mr. Abbas, Halqa Patwari
|
| Petitioners |
Raja TAHIR MAHMOOD
|
| Respondents |
another,
CHIEF COMMISSIONER, ISLAMABAD
|
| Citations |
2024 SLD 3822,
2024 PLJ 36
|
| Other Citations |
2019 MLD 1061,
2016 YLR 1489,
2016 MLD 568,
2016 YLR (N) 30,
2016 CLC (N) 79,
PLD 2009 Lahore 347
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|