Body formed to demarcate, mutate all heritage properties, SHC told

Karachi: The senior member Board of Revenue (SMBR) told the Sindh High Court (SHC) on Thursday that a committee has been formed for the demarcation and mutation of all heritage properties falling under the Sindh Ancient Monument & Preservation Act 1904, the Antiquities Act and the Heritage Act.

Filing a compliance report with an SHC division bench headed by Justice Salahuddin Panhwar, the revenue board secretary submitted a notification issued by the chief secretary, whereby a body was constituted to demarcate and mutate all heritage properties.

The court said that it is expected from a senior officer of the revenue department to ensure strict compliance in letter and spirit with the court’s earlier orders about demarcating and mutating public properties falling explicitly within the domain and authority of the said committee as per its terms of reference jotted down in the said notification within the stipulated timeline provided therein.

The bench said that apart from the properties referred above, public properties elsewhere, which are under the control and domain of the culture department, which are otherwise not disputed in any manner whatsoever, and where the demarcation is not required at all, would be mutated forthwith in accordance with the law without wasting further time.

The court said that in the case of properties where there are some disputes raised by any individual or even by any government department, whether provincial or federal, over the boundaries of such allegedly disputed public properties, through any nature of proceedings before any legal forum, the demarcations must be carried out, and the mutations be subsequently recorded without any delay.

The bench said that the public properties that admittedly and exclusively fall under the control and authority of the administrative department, for which no exercise as referred above is required, a detailed report exclusively in respect of those properties must be submitted within a month without fail.

The chief administrator of the Auqaf department had submitted a report reflecting the details of lands. The court said that it has also come on record that the majority of land belonging to the Auqaf department has not been entered in the revenue record of rights.

The bench directed the Auqaf department to ensure that the mutations’ entries are recorded in their favour, for which they must approach the respective deputy commissioners in whose jurisdiction such properties fall, so they can ensure that the mutations’ entries are recorded in accordance with the law after receiving the complete record immediately, following which such report must also be filed through the SMBR, who must personally pursue it.

The court also noted in its order that no mechanism has been provided in the relevant scheme of law for transparently disposing of or deciding the fate of properties through open auction, rather the powers have been given to district committees for the purpose.

The bench said that there is also no concept of valuation of lease/tenancy in the relevant law and rules, adding that the pivotal rate assessment exercise, which is a precedent condition for all the properties, including agricultural and commercial properties, is to be carried out through a third party.

The court also ordered that from now onwards, only open auction proceedings would be carried out by advertising through three widely published (ABC-certified) leading newspapers, enabling the interested persons to participate in healthy and transparent auction/lease/tenancy process, subsequent to the above referred rate assessments through a third party, keeping in view the government/DC rates of the land, firstly, for levying taxes, and secondly, the market value, whichever is higher.

Regarding the endowment fund, the SHC was informed that a summary has been moved, and endowment funds would be established under the Waqf scheme of laws within the jurisdiction where such land/property is situated and dedicated for a specific purpose.

The bench said that the report filed with the court lacks the details regarding the dedication/reservation of over 10,000 acres of agricultural land specifically, whether it is dedicated for educational purposes or for the maintenance of shrines.

The court directed the Auqaf secretary to submit a compliance report with account details, ordering that Waqf deeds must be registered for the properties donated/dedicated by various philanthropists for the intended purposes.

The culture, tourism, antiquities & archives secretary also filed a compliance report about the endowment fund for the preservation and conservation of archaeological and heritage buildings/sites, stating therein that Rs250 million is required during 2024-25, and the remaining Rs250 million would be released in 2025-26.

The bench directed the finance department to provide guidelines to all the DCs and respective authorities of the Waqf department about the creation of an endowment fund account and the registration of Waqf deeds respectively.

The court said that it has come on record that the Auqaf department is awarding public contracts for providing services to store shoes of visitors at the shrines under its control, but this practice is unavailable within the existing laws dealing with the subject matter.

The bench said that temperatures in the province can soar up to 50°C, and walking without shoes can become unbearable and even dangerous due to the scorching hot ground, causing discomfort or burns on the feet, particularly during the summer months.

The court said that the decision to remove shoes when visiting shrines in Sindh must be viewed as a voluntary, culturally rooted practice, rather than an obligation stemming from the explicit teachings of Sufi saints or influential poets.

The bench said that the focus must remain on the essence of the spiritual journey and the sincere connection with the divine, rather than the enforcement of external rituals, customised in the modern days to illegally benefit a few.

The court said shoe-storage service contracts at the shrines must be revisited, as common visitors cannot be penalised for revenue generation, especially when thousands of acres are already dedicated for those shrines, and there is a recurring budget allocation each year specifically reserved by the Sindh government for maintaining the shrines.

The bench directed the Auqaf department to devise a mechanism and also define a policy about facilitating visitors with or without shoes, categorising the places for the removal of shoes as holy places, i.e. mosques, etc., keeping in view the cleanliness of these places.

The SHC also directed the Auqaf secretary to submit a progress report about the construction and establishment of academies at Dargah Bedil Bekus, Rohri, District Sukkur, and Dargah Sufi Shah Inayat Shaheed, Jhok Sharif, District Sujawal, as well as the reconstruction of Shah Waliullah Academy at Jamia Masjid, Saddar, Hyderabad.