2016 PLP 1508 (CLC)
Mian MUHAMMAD TANVIR IBRAHIM — Petitioner Versus PARKS AND HORTICULTURE AUTHORITY and others — Respondent
| Citation | 2016 PLP 1508 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Mian MUHAMMAD TANVIR IBRAHIM — Petitioner Versus PARKS AND HORTICULTURE AUTHORITY and others — Respondent |
| Primary Law | National Policy for Persons with Disabilities, 2002 |
Q1: What are the key laws and sections cited in 2016 PLP 1508 (CLC)?
This judgment primarily cites: National Policy for Persons with Disabilities, 2002 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2016 PLP 1508 (CLC)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016 PLP 1508 (CLC) (Mian MUHAMMAD TANVIR IBRAHIM — Petitioner Versus PARKS AND HORTICULTURE AUTHORITY and others — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sheraz Zaka for Petitioner.
- Zeeshan Ali for Respondent.
Headnotes / Summary
Disabled person
Access to club
Petitioner, being a member of social club and unable to walk, relying on National Policy for Persons with Disabilities, 2002, sought direction to the authorities, for provision of transportation from the gate of Park to the Club
Parks and Horticulture Authority, took the plea that the Club, as provided in the agreement between the Authority and the Club, was obliged to provide a golf cart service for pick-and-drop facility to the disabled persons
Club informed the Court that it had already arranged the golf cart, which was functioning for the people like petitioner
High Court, observed that the Parks and Horticulture Authority would still remain obliged to ensure that the golf cart remained functional and available to the people for whom the same was meant
Constitutional petition was disposed of in circumstances.
Judgment & Decree
SHAHID KARIM, J.
The learned counsel for the respondent-PHA has produced a letter from the President of Cosmopolitan Club (Club), which is to the following effect: "That the undersigned received your above mention Letter pertaining to Writ Petition No.2828/2016 in which you have inquired about the functioning of the Golf Cart, as the same is to submit before the Honorable Court. That the Club Management has arranged its own Golf Cart which is functioning in routine to facilitate the senior/ handicap members of the Club."
2. The grievance of the petitioner was that the petitioner has a legitimate expectation under the National Policy for Persons, 2002 that he be transported from the gate of Bagh-e-Jinnah to the Club of which he is a member as he is unable to walk. According to him, there is no means by which the petitioner can commute from the gate of Bagh-e-Jinnah to the premises of the Club as private vehicles are not allowed to enter the Bagh-e-Jinnah and thus the petitioner is precluded from traveling for that distance. The learned counsel for PHA submitted on the last date of hearing that according to an agreement between the PHA and the Club, the Club is obliged to provide golf cart service for pick and drop of the disabled persons such as the petitioner. The letter by the President, which has been reproduced above, has been produced before this Court and by which clearly it has been mentioned that the Club management had arranged golf carts which are functional to facilitate the seniors/handicap members of the Club. In view of the statement furnished by the President of the Club and produced by the learned counsel for PHA, this petition has borne fruit as facilities in the nature of a golf cart are available and are functioning to enable the petitioner to traverse the distance from the gate of Bagh-e-Jinnah to the premises of the Club. However, it is made clear that the PHA Shall remain obliged to ensure that the golf carts remained functional and available for persons like the petitioner. With this direction, the instant petition is disposed of. SL/M-136/L Order accordingly.