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NIAMATULLAH KHAN vs FEDERATION OF PAKISTAN art — 2022 SCMR 238 SUPREME-COURT

Case information

Citation
2022 SCMR 238 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
NIAMATULLAH KHAN vs FEDERATION OF PAKISTAN art

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NIAMATULLAH KHAN VS FEDERATION OF PAKISTAN art. 184(3)---Matter relating to mosques built on land belonging to Kidney Hill Park ('the Park')---Mosques built without any provision in the layout plan for the Park---Legality---Layout plan of Kidney Hill Park did not contain any provision for building of a mosque in the park---Once a plan did not make provision for construction of a mosque in the park, allowing such construction to be made was totally against the law and the approved plan of the Park---Same was also not permissible under Muslim jurisprudence for any mosque to be established and it had to be done by procuring the land and consideration for the said land had to be paid---apparently, the Karachi Metropolitan Corporation (KMC) which was looking after the Park itself had no authority in law to make allotment or to give license for construction of the mosque in the Park---Purported license issued by Karachi Municipal Corporation for construction of a mosque was, ex facie, illegal and did not create any right of any person in the land of the Park---Supreme Court directed the city Commissioner to remove any mosque from the land belonging to the Park and put up a report in such regard before the Supreme Court.

Other judgments reported in 2022 SCMR

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