CHIEF ADMINISTRATOR AUQAF versus PROVINCE OF SINDH
West Pakistan Dedicated Property Ordinance 1959 Sections 6 and 16 of the Sindh Kuchi Population Act (11 of 1987), Section 19 of the Sindh Kutchi Population (Regulation and Development) Order, 1982 [MLO 183, Zone CJ, para 3 (2) and ( 3) Constitution of Pakistan (1973), Article 199 Constitutional application to declare an area as Katchi Settlement was made on the property which was already notified as Dedicated Property; The issuance of such notification under Regulations 3 (2) and (3) (Regularization and Development) Order, 1982 [ML0183, Zone C] while the Sindh Kutchi Population Act of 1987 is still in the field identified by the provincial government. Prior to the history of the area, unauthorized occupation of the area was not investigated by the concerned persons. And such an area was declared a Katchi population when the provincial government did not put any material on record, nor contradicted it despite hearing the request from the Chief Administrator for nine years. Issued notification under section 6 of the West Pakistan Waqf Property Ordinance 1959, declaring the same property as Waqf property under their administration in 1960 and 1961, having the effect of the provisions of West Pakistan Waqf Properties Ordinance 1959. And he couldn't have done that. The neglected notification issued by the provincial government was not sustainable as the law was issued without any legal authority and had no legal effect.
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