2025 PLP 475 (CLC)

NAZEER AHMED LANGOVE, J.

This order shall dispose of the Constitutional Petitions Nos. 1926 of 2021 and 307 of 2022, both petitions are filed on the same subject matter.

2. We have heard the learned counsel for the parties and gone through the record with their assistance.

3. Facts of the case are that the petitioner is the President of Mashakhor Fruit and Vegetable Market, Hazar Ganji, Quetta. In 1998, the Government of Balochistan, through the Quetta Development Authority, established a venue for the business of fruit and vegetable, as well as a truck and bus stand at Hazar Ganji, Quetta, to facilitate the business community and cater to the needs of the public at large; followed by the allotment of thirty-seven (37) acres of land to the Fruit and Vegetable Market Complex Phase-I, partitioned into two platforms, i.e. one for the fruits and the second for the vegetables, and the open ground for the business purpose of Commission Agents, auction and Mashakhors. The competent authority specified another piece of land measuring twenty-three (23) acres for the Mashakhors, but according to the petitioner, they have been compelled to carry out their business on two acres of land. On the other hand, the rest of the land was illegally occupied by Commission Agents and outsiders whereon they raised construction of shops/buildings and have been running their business other than fruit and vegetables. Besides, the President and General Secretary of Fruit and Vegetable Commission Agents constructed a plaza and shops upon the land specified for Mazda, cycle stand, and Nala; hence, these petitions.

4. On service of notice, the President and General Secretary Balochistan Arthian Fruit and Vegetable Association filed their counter-affidavit, wherein they raised various legal objections regarding the maintainability of the petition and contested the same on merits.

5. Perusal of the record shows that the Director General, Quetta Development Authority, vide minutes of the meeting dated 22 June 1998, allotted separate twenty-three (23) acres of land in Phase-II of the Market to the Mashakhors, in consideration of Rs.30,000 per head, but they allegedly sold and rented out their allotted land to others and continued their unwarranted possession on the platform made for fruit and vegetable auction by setting their camps illegally. The Chairman of the Fruit and Vegetable Market Committee, Hazar Ganji, issued a notice dated 28 July 2016 to all the illegal occupants to evacuate the platform of Phase-I allotted to Fruit and Vegetable Commission Agents and shift their business to the land allotted to Mashakhors. Initially, the Mashakhors were doing their business on the road of two platforms meant for the auction of fruits and vegetables; however, with the passage of time, they installed their camps and fully possessed the platforms above, which created obstacles for the Commission Agents Association to run their business smoothly. Meanwhile, the Mashakhors Committee filed a civil suit against the official respondents, which was tried and finally dismissed, vide order dated 22 November 2018 passed by the Civil Judge-III, Quetta. Reportedly, on 12 April 2019, an unfortunate bomb blast occurred in the Fruit and Vegetable Market Complex, Hazar Ganji, resulting in heavy loss of precious lives and property; after that, the Commission Agents' Association convened various meetings with the official respondents, connection to that, the Association installed CCTV Cameras and street lights for security; however, could not be made result oriented due to the illegal encroachments.

6. The learned counsel for the Commission Agents urged that due to illegal encroachments of Mashakhors, not only the Association's business has been damaged badly, but there is also a serious security threat, realized by the official respondents in this respect issued several notices to remove their illegal installations (encroachments), but the Mashakhors did not pay any heed. It has also come on record that following the minutes of the meeting dated 13 June 1998 under the Chairmanship of Minister P&D/Chairman QDA regarding the shifting of Truck Adda and Fruit/Vegetable Market, a space comprising twenty-three (23) acres was approved and allotted to the petitioners (Mashakhors); however, the latter alleged to have sold out and utilized the land mentioned above other than the purpose allocated for; which is unfortunate.

7. However, in any case, no person(s) including the petitioners can be allowed to encroach upon the property of others in the garb of their business. This Court cannot appreciate such a trend at all. Thus, the petitions being devoid of merit are dismissed. Order accordingly MQ/39/Bal. Petitions Dismissed.