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PLD 1984 Federal Shariat Court 32

In re _ THE EVACUEE TRUST PROPERTIES (MANAGEMENT AND DISPOSAL) ACT (XIII OF 1975) vs NOT

CitationPLD 1984 Federal Shariat Court 32
CourtFederal Shariat Court
Judge(s)Ali Hussain Qazilbash, Aftab Hussain, Ch. Muhammad Siddiq, Malik Ghulam
ResultOrder accordingly

1. The Act provides for the management and disposal of an Evacuee Trust Property attached to charitable, religious or educational trusts or institutions or any other property which becomes a part of the trust pool constituted under section 7 of the Act.

2. ' We have gone through the Act. Mr. Sanaullah Chauhan raised an objection that the gardens and agricultural land which form part of Evacuee Trust properties are given under a scheme on lease for a period of two and three years only which period is too short. This objection has no force in it because the period of lease is mutually agieed upon. There is nothing contrary to Sharia in the Scheme on this score. There is nothing in it which may be repugnant to the Holy Qur'an and the Sunnah.

3. ' Mr. Sardar Muhammad Virk has sent an objection, the purpose of which is that Waqf Property vests in Allah and cannot be used for the purpose of a temple or Gurdawara. The Government has no authority to rent out Evacuee Trust Properties to non-Muslims and should, herefore, confer ownership rights on the occupants.

4. ' The objection itself is self-contradictory. There is a realization that this property is not Waqf Property but is property of non-Muslim trusts. Consequently the law of Waqf in Islam cannot apply to it. The property can, therefore, vest in the Central Government which has the power to dispose it of in any manner which advances the collective good of the nation.

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