Supreme Court Declares Auqaf Land Lease To Patrol Pum Illegal
Umer Jamshaid 1 month ago Mon 16th September 2019 | 09:19 PM
The Supreme Court on Monday declared the Auqaf Department's lease agreement for setting up a patrol pump illegal
A three-member SC bench headed by Justice Manzoor Ahmed Malik and comprising Justice Sardar Tariq Masood and Justice Syed Mansoor Ali Shah announced the16-page judgment regarding grant of lease of Waqf property (4 kanals) by the Chief Administrator Auqaf to the petitioner for setting up a petrol pump, on a monthly rent of Rs 4,000 per month for a period of 30 years.
The judgment authored by Justice Mansoor Ali Shah directed the Deputy Registrar of the SC Lahore Branch Registry to ensure that a copy of the verdict was dispatched to all the chief administrators Auqaf in the country for their information and compliance.
The court order read: "The grant of lease of Waqf property for the setting up of a petrol pump to the petitioner without there being settlement of a proper scheme and in the absence of any plausible reasons for extending the lease beyond the statutory period given under Rule 7 of Rules 2002, is offensive to the provisions of the Ordinance and Rules 2002, and hence illegal.
We uphold the decision of the High Court, but for reasons of our own. Leave is, therefore, declined and these petitions are dismissed. Chief Administrator Auqaf, may lease out waqf property, in future, but after settlement and sanction of the scheme, in the manner provided under the Ordinance and Rules 2002."The scheme settled for the administration and development of Waqf properties is a manifestation of the discretion exercised by the Chief Administrator Auqaf, in the best interest of the waqf under the law and is, therefore, always open to judicial review by the courts, it added.