2017 PLP 2490 (YLR)

MUHAMMAD YOUNIS THAHEEM, J.

Through this constitutional petition, the petitioner herein has asked for the following relief. "(a) That the respondents Nos. 1 to 4 be directed to immediately assist the petitioner in removing the buildings/ civil structures constructed within the clearance area and/or obstacle limitation surface of Chitral Airport. (b) That the Respondents Nos.1 to 4 be directed to always provide all required help and assistance to the petitioner forthwith, in accordance with law in implementation of the provisions of the Rules and all other relevant aviation laws. (c) That the Respondents Nos.1 to 4 be directed to ensure that no person shall construct and/ or erect any temporary structure, nor position a vehicle or other mobile object on or in the vicinity clearance area of the Chitral Airport and, if ever constructed or erected, to assist the petitioner in removing it; (d) That the Respondents be directed not to allow any construction or erection of any building/civil structure within the clearance area and/or obstacle limitation surface of Chitral Airport without first obtaining a No objection Certificate, firstly, from the Respondent No.3 and then the petitioner, before construction of buildings; (e) That the respondents be directed to bear the costs of the instant petition and (f) Any other relief deemed just and suitable in the circumstances of the case may also be awarded to the petitioner".

2. Grievance of the petitioner is that certain private individuals, who are residents of Chitral, have constructed buildings immediately outside the boundary and in the close vicinity of the runway of the Chitral Airport within 750 feet from central point of the runway so due to such proximity of such buildings with runway it poses a serious threat to security in general and to the Airport and to the flights in particular. As per averments of the writ petition, the respondents were time and again requested to take action against the said private individuals and assist the petitioner for removing such buildings, other constructions and civil structure for the implementation of relevant aviation laws and rules, but to no avail, hence, the instant writ petition.

3. Respondent No.3 submitted comments by agitating various legal and factual objections whereby the said respondent, while responding to Para No.4 of the petition, contended as below:-- "

4. It is correct to say that many people have constructed residential houses near to the runway of Chitral Airport. Petitioner issued notice to one Sahib Nadir Khan Advocate Chitral and in response the said advocate instituted civil suit with the contention that his building is far away from airport. Moreover, there are more than twenty building situated near to airport including Grain Godown building and building of ex-Deputy Commissioner Chitral, namely Rahmatullah Khan Wazir and others. The Court of Senior Civil Judge Chitral allowed construction of house of plaintiff as a temporary relief and the Court of District Judge, Chitral dismissed appeal of the present petitioner".

4. Arguments heard and record perused.

5. From the arguments advanced by learned counsel for parties and averments in their respective grounds and comments, it reveals that Chitral Airport is functioning since long and the civil structures near Airport in shape of houses of private citizens are also old. The land on which houses of private citizens are constructed is not acquired land of Civil Aviation Authority and is owned by private individuals, so under Article 24 of the Constitution of the Islamic Republic of Pakistan, the rights to property of citizens are protected. For convenience, the provisions of Article 24 of the Constitution are reproduced herein below. "

24. Protection of property rights.

(1) No person shall be deprived of his property save in accordance with law. (2) No property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for compensation therefor and either fixes the amount of compensation or specifies the principles on and the manner in which compensation is to be determined and given. (3) Nothing in this Article shall affect the validity of- (a) any law permitting the compulsory acquisition or taking possession of any property for preventing danger to life, property or public health; or (b) any law permitting the taking over of any property which has been acquired by, or come into the possession of, any person by any unfair means, or in any manner, contrary to law); or (c) any law relating to the acquisition, administration or disposal of any property which is or is deemed to be enemy property or evacuee property under any law (not being property which has ceased to be evacuee property under any law; or (d) any law providing for the taking over of the management of any property by the State for a limited period, either in the public interest or in order to secure the proper management of the property, or for the benefit of its owner; or (e) any law providing for the acquisition of any class of property for the purpose of -- (i) providing education and medical aid to all or any specified class of citizens; or (ii) providing housing and public facilities and services such as roads, water supply, sewerage, gas and electric power to all or any specified class of citizens; or (iii) providing maintenance to those who, on account of unemployment, sickness, infirmity or old age, are unable to maintain themselves; or (f) any existing law or any law made in pursuance of Article 253. (4) The adequacy or otherwise of any compensation provided for by any such law as is referred to in this Article, or determined in pursuance thereof, shall not be called in question in any court".

6. Moreover, admittedly, civil litigation is pending disposal between the petitioner and private owners of discussed houses before the competent Court of law. The land on which the houses have been constructed, has neither been acquired by the C.A.A nor any proceedings under Land Acquisition Act on behalf of C.A.A are there nor have been asserted.

7. Further, petitioner has not annexed any judgment of competent Court of law as a proof that the private individuals, who are residing in their houses near Chitral Airport, have been convicted in anti-state offences or have been involved in any subversive activities rather among them one house is owned by ex-Deputy Commissioner and another house by an advocate etc against whom there is no such allegations that they have some nexus with terrorists, extremists or armed groups even there is no allegation of existence of such militant groups in the area. So in view of the above discussion when no writ could be issued against private individuals, this Court cannot direct the official respondents to demolish the homes of citizens whose right to property is protected under Article 24 of the Constitution of the Islamic Republic of Pakistan.

8. So far as the worst internal security situation across the country in general and threat to Chitral Airport in particular is concerned, the law enforcing agencies like the Khyber Pakhtunkhwa Police, Chitral Scouts, Pak Army and Airport Security Force (ASF) are there and all such forces are struggling hard to achieve peace in entire Pakistan as well as in this area, so instead of taking lawful precautionary measures to ensure safety of Airport, the petitioner is adamant to demolish the houses of individuals who are private owners of land since their forefathers and many are rustic villagers of the area. So this writ petition, being bereft of merits, is dismissed. ZC/55/P Petition dismissed.