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Irfan Saleem vs Government of Khyber Pakhtunkhwa art — 2024 MLD 1096 PESHAWAR-HIGH-COURT

Case information

Citation
2024 MLD 1096 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
MLD
Parties
Irfan Saleem vs Government of Khyber Pakhtunkhwa art
Subject matter
Civil

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

Irfan Saleem VS Government of Khyber Pakhtunkhwa art. 199---Notification No.SO(arch)4-60/2012 dated 18-12-2018---Letter No. 283/a-116/archymus dated 07-01-2019---Constitutional petition---Matter relating to a historical Hindu Shrine i.e. "Panj Teerath"---Various constitution petitions were filed by citizens, archeology and Museum Department and Evacuee Trust Property Board assailing notification(s) /letter(s) as well as raising concerns over dismal condition , transferring possession / authority etc. of the strine---Concerns included that the existence of a Fun land /Family Park at the site ("Panj Teerath") was practically turning the site into ruins / garbage bin; site was under threat of control by surrounding government/ semi-government institutions---Validity---In consequence/ pursuant to directions of the High Court, while dealing with the matter-in-hand, several directions were issued to concerned quarters on dozen or so dates of hearings spanning over four months---archeology and Museum Department and Evacuee Trust Property Board had amicably settled the matter and in said respect a proper Memorandum of Understanding (MoU) had been inked / signed , in light of which Evacuee Trust Property Board had agreed to transfer the possession of the archeological site of Panj Teerath in favour of archeology and Museum Department , and the respondents (including concerned Chief Secretary) had also agreed to modify the impugned notification(s) /letter(s) in order to re-notify archaeological site of Panj Teerath , although, only to the extent of its 17 Marlas --- Panj Teerath had been practically handed over to the archeology and Museum Department , but simultaneously High Court directed Evacuee Trust Property Board to extend every helping hand including funds to archeology and Museum Department for necessary renovation / repair / rehabilitation of the Panj Teerath---Constitutional petitions filed by the citizen, archeology and Museum Department and Evacuee Trust Property Board were disposed of accordingly.

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