Syed MUHAMMAD ASIF SULTAN vs PROVINCE OF SINDH through Secretary, Ministry of Culture, Tourism and Antiquities

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Syed MUHAMMAD ASIF SULTAN VS PROVINCE OF SINDH through Secretary, Ministry of Culture, Tourism and Antiquities S. 6---ancient Monument Preservation act (VII of 1904), S. 3---antiquities act, 1975 (VII of 1976), Ss. 10 & 19---Specific Relief act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction---Declaration of protected heritage---antiquity declaration---Protected monuments---Plaintiff was aggrieved of declaring his property as an antiquity without providing him opportunity of hearing---Validity---No one can take an exception to historical value of all 'protected sites/ monuments', declared/notified under ancient Monument Preservation act, 1904 and subsequently notified under antiquities act, 1975---Culture, Tourism, antiquities and archives Department was established with the sole purpose to ensure protection/preservation of such properties with their "antiquity"---Such was not sufficient to give such properties in relevant list or notification but it required much more including, but not limited to:- (a) continuous control and management of such properties; (b) managing such properties in such manner and fashion that none trespass into such properties; (c) assuring that none cause any harm or damage to 'antiquity' thereof in any manner including removing/damaging anything from such properties---Properties under ancient Monument Preservation act, 1904 and antiquities act, 1975 were not owned by any private person---Matter of ancient properties could not be equated as private properties under Heritage act, 1994 but that of antiquities---High Court directed District and Sessions Judges all over Sindh to depute Magistrates of concerned jurisdiction to visit sites in question, as Judicial propriety demanded serious attention on properties so reflected---High Court further directed that deputed Magistrates would be competent to call any respective authority to restore and preserve dignity as well antiquity value of ancient property within their territorial jurisdiction---High Court also directed Deputy Commissioners to visit ancient properties in their respective areas on quarterly basis and ensue that same remain alongwith antiquities Department and no damage/loss would be caused to such properties---High Court directed Provincial Government to submit detail report regarding creation of endowment fund and restoration of referred properties in their original form---High Court also directed authorities to hear plaintiff and pass appropriate order in accordance with law.

Syed MUHAMMAD ASIF SULTAN vs PROVINCE OF SINDH through Secretary, Ministry of Culture, Tourism and Antiquities S — 2022 PLD 532 KARACHI-HIGH-COURT-SINDH

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