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| May 28, 2006 | Sunday | Rabi-us-Sani 29, 1427 |
Construction of medical college hits snag
SUKKUR May 27: Construction of the Sardar Ghulam Mohammad Khan Medical College, Sukkur, has run into trouble following a status quo order granted by the division bench of the Sindh High Court, Sukkur.
The bench, comprising Justice Syed Zawar Hussain Jaffery and Justice Ameer Hani Muslim, had on May 16, ordered that “no third party interest be created nor the possession of the land in question (Ghulam Mohammad Mahar Medical College, Sukkur) be handed over to the third party.
The court also issued pre-admission notices to chief secretary of Sindh, secretary auqaf, secretary health, chief land commissioner Sindh and the advocate general of Sindh on a constitutional petition filed by Rafiq Safi Munshey, grandson of Khan Bahadur Pir Bux Munshey.
The counsel for the petitioner, Advocate Fateh Malik, maintained that the provincial government along with some builders, was creating third party interest in the Waqful Aulad land created by his grandfather on October 12, 1927 under the Musalman Waqful Validating Act 1913 (v) who also served as the President of Sukkur Municipality and Sukkur Local Board for nine years simultaneously.
The petitioner’s lawyer submitted before the court that the land in question measuring 164.16 acres was private Waqful Aulad and could neither be treated as Waqf property under West Pakistan Waqf Properties Ordinance 1961 nor under the Sindh Waqf Ordinance 1979 and that the Land Commissioner had no jurisdiction to transfer, control, manage or confer the proprietary rights of the said property.
The petitioner’s counsel further submitted that the government cannot change the purpose of the late Waqf without consent of beneficiaries who have been performing their religious, social and managerial obligations individually.
The proposed transfer of land for construction of Medical College in the name of Sardar Ghulam Mohammad Mahar instead of the memory of Khan Bahadur Pir Bux, the owner of the land, was without lawful authority.
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