NO RIGHT OF PREEMPTION IN RESPECT OF CERTAIN PROPERTIES
Article 23 of Punjab Preemption act 1991, deals with “No right of pre-emption in respect of certain properties” and is reproduced below:

“No right of pre-emption in respect of certain properties.— (1) No right of pre-emption shall exist in respect of sale of—

(a) waqf property or property used for charitable, religious or public purpose; and

(b) property owned by the Federal or a Provincial Government or a local authority.

(2) The property acquired by a Federal or a Provincial Government or a local authority in pursuance of any law shall not be pre-emptible.”

RELEVANT CASE LAWS:

Citation Name : 2016 PLD 207 SUPREME-COURT

Side Appellant : Malik MUZAFFAR AHMED

Side Opponent : MAJLIS-E-ILMI SOCIETY through Muhammad Zubair

S. 23(1)—Khyber Pakhtunkhwa Pre-emption Act (X of 1987), S.23(1)(a)—No right of pre-emption in respect of ‘sale’ of waqf property or property used for charitable, religious or public purpose [section 23(1)(a) of Punjab Pre-emption Act, 1991]—Inadvertent omission on part of draftsman in not adding the word`purchase’ after the word ‘sale’ in S.23(1) of Punjab Pre-emption Act, 1991—Word, “purchase” had been omitted from S.23(1) of Punjab Pre-emption Act, 1991 due to mistake, albeit inadvertently on the part of the drafter—Section 23(1) of Khyber Pakhtunkhwa Pre-emption Act, 1987, which was similar to S.23(1) of Punjab Pre-emption Act, 1991 did contain the word ‘purchase’—Words ‘purchase’, thus also had to be supplied to S.23(1) of Punjab Pre-emption Act, 1991 to render the said provision of law meaningful, so to give effect to the intent of the Legislature—Accordingly, the word “purchase” must be read in the provision of S.23(1) of the Punjab Pre-emption Act, 1991 and in the head-notes appended to it.

Citation Name : 2007 PLD 431 LAHORE-HIGH-COURT-LAHORE

Side Appellant : MUHAMMAD FAROOQ through Attorney

Side Opponent : MUHAMMAD AMIN TRUST CHAKWAL through Chairman

—Ss. 13 & 23(1)(a)—Right of pre-emption—Charitable trust—Suit land was purchased by charitable trust for construction of hospital thereon—Suit and appeal filed by pre-emptor were dismissed by Trial Court and Appellate Court, respectively—Validity—Record did not deny that vendee was a trust or Waqf and purchased the property as such—Deed of trust was produced which was a registered document—Purposes of trust were setting up of a hospital on modern lines and to serve people of locality around—Chairman of vendee Trust appeared as witness and stated that the land was purchased for constructing a hospital—Not a single question was put to him in cross-examination to challenge such statement of the Chairman—Evidence of witnesses of pre-emptor including him was also silent in such regard—Both the courts below had correctly concluded that the land had been purchased for such charitable purpose and was property of Charitable Trust—Plain reading of S.23(1)(a) of Punjab Pre-emption Act, 1991, showed that prohibition was regarding sale of waqf property or property used for charitable purposes—Intention of legislature, however, clearly appeared to save the property purchased for charitable user from rigours of exercise of right of pre-emption—Bar contained in S.23 of Punjab Pre-emption Act, 1991, was applicable in circumstances.

Citation Name : 2016 PLD 207 SUPREME-COURT

Side Appellant : Malik MUZAFFAR AHMED

Side Opponent : MAJLIS-E-ILMI SOCIETY through Muhammad Zubair

S. 23(1)—Khyber Pakhtunkhwa Pre-emption Act (X of 1987), S.23(1)(a)—No right of pre-emption in respect of ‘sale’ of waqf property or property used for charitable, religious or public purpose [section 23(1)(a) of Punjab Pre-emption Act, 1991]—Inadvertent omission on part of draftsman in not adding the word`purchase’ after the word ‘sale’ in S.23(1) of Punjab Pre-emption Act, 1991—Word, “purchase” had been omitted from S.23(1) of Punjab Pre-emption Act, 1991 due to mistake, albeit inadvertently on the part of the drafter—Section 23(1) of Khyber Pakhtunkhwa Pre-emption Act, 1987, which was similar to S.23(1) of Punjab Pre-emption Act, 1991 did contain the word ‘purchase’—Words ‘purchase’, thus also had to be supplied to S.23(1) of Punjab Pre-emption Act, 1991 to render the said provision of law meaningful, so to give effect to the intent of the Legislature—Accordingly, the word “purchase” must be read in the provision of S.23(1) of the Punjab Pre-emption Act, 1991 and in the head-notes appended to it.