Prof. ZAHID BAIG MIRZA vs CAPITAL DEVELOPMENT AUTHORITY Ss — 2022 PLD 398 ISLAMABAD

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Prof. ZAHID BAIG MIRZA VS CAPITAL DEVELOPMENT AUTHORITY Ss. 2(l), 20 & 21---Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance (LXX of 1979), S. 21(4)---Constitution of Pakistan, Arts. 173, 199 & 245---Constitutional petition---Property rights---Entitlement of Armed Forces---Use of land for the purpose other than the one for which it was allocated---Dispute was with regard to land falling in notified National Park area, which was in use of armed forces---Army authorities claimed ownership over area in question and had also been involved in commercial activities over that area at their own without any authority from Federal Government---Validity---Army authorities could neither own or acquire nor manage land given for its use otherwise than as provided under the Constitution and relevant laws---Land was allocated by Federal Government for a particular and declared use of branches of Armed Forces---Land remains the ownership of Federal Government or Provincial Government, as the case was---Nature or character of land allocated for use of Armed Forces could not be changed without express permission of Federal Government---After the land was no more used for the purpose for which it had been allocated then it would revert to Federal Government or Provincial Government, as the case was---Pakistan Army nor any other branch of Armed Forces could claim ownership of land allocated by Federal Government for its use---Army could not claim any compensation in the eventuality of reversion of allocated land when it was no more used for allotted purpose---Claim of Authorities regarding land in notified National Park area, was in violation of Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance, 1979 read with Capital Development Authority Ordinance, 1960 and the Master Plan---Such claim was also not in conformity with enforced laws applicable to management of lands for use of Armed Forces---Federal Government was bereft of jurisdiction to allow Authorities to use land in notified National Park area---Authorities did not have jurisdiction nor any authority to own, use or keep in possession any land within notified National Park area---Authorities had no jurisdiction or authority to execute any agreement with a Restaurant and rent so recovered was also without lawful authority and jurisdiction---High Court directed Secretary, Ministry of Defenceto ensure that rent received by Authorities was recovered and deposited in exchequer---Lease agreement of Restaurant in question with Capital Development Authority had expired and its agreement with Army Authorities was void and without any legal effect---High Court directed Capital Development Authority and Islamabad Wildlife Management Board to take over possession of Restaurant in question---Constitutional petition was allowed accordingly.

Prof. ZAHID BAIG MIRZA vs CAPITAL DEVELOPMENT AUTHORITY Ss — 2022 PLD 398 ISLAMABAD

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