2009 PLP 628 (MLD)
HUMAN SAFETY FOUNDATION through Authorized Representative — Petitioner Versus GOVERNMENT OF SINDH through Chief Secretary, and 11 others and — Respondents
| Citation | 2009 PLP 628 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | HUMAN SAFETY FOUNDATION through Authorized Representative — Petitioner Versus GOVERNMENT OF SINDH through Chief Secretary, and 11 others and — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2009 PLP 628 (MLD)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 628 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 628 (MLD) (HUMAN SAFETY FOUNDATION through Authorized Representative — Petitioner Versus GOVERNMENT OF SINDH through Chief Secretary, and 11 others and — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- None present for Petitioner.
- Muhammad Sarwar Khan, A.A.G. for Respondent No.1.
- Manzoor Ahmed for Respondent No.2.
- Muhammad Ali Mazhar for Respondent No.9.
- Muhammad Sarfaraz Sulehri for Respondent No.10.
- Ainuddin Khan for Respondent No.11.
- Mr. Manzoor Ahmed, EDO (Law), for respondent No.2 was directed to produce relevant rules and bye-laws of the CDGK and KBCA, if any, pertaining to the installation of billboards along with details of billboards. While Mr. Ahmed Pirzada, learned A.A.-G., was required to place relevant order of the government in this context. Since, the matter was of a non-adversary nature, President, Sindh High Court Bar Association and Shehri were directed to depute counsel to assist the Court.
- Rest of the respondents through their advocates adopted the same arguments. They have stated that the petitioner through this constitutional petition cannot claim compensation as mentioned in paras. 5 and 6.
Headnotes / Summary
Art.199
Constitutional petition
Sanctioning installation of large size of billboards by different authorities within their respective areas of the City
Petitioner's plea was that installation of such billboards were dangerous to human lives and violative of right to life as guaranteed by Constitution, 1973
Authorities in compliance of order of the High Court had removed all illegal billboards
Certain casualties had occurred due to falling of billboards installed unlawfully
High Court directed concerned authorities to remain vigilant and take preventive measures to avoid such casualties
High Court disposed of petition with observation that petitioner for recovery of compensation could seek separate remedy.
Judgment & Decree
SYED PIR ALI SHAH, J.
Through this petition, petitioner has contended that large size of billboards would cause loss to human lives, as has happened in the recent past and permission to install them might be violative of the right to life, guaranteed by Article 199 of the Constitution of Pakistan. In pursuance of orders, dated 25-7-2007, all the five Cantonment Executive Officers of the Cantonment Board of Karachi as well as Chairman Karachi Port Trust and Director General, Civil Aviation Authority, have been joined as respondents in the matter and they were put on notice and they were required to furnish particulars about the billboards sanction by them within their respective areas. Mr. Manzoor Ahmed, EDO (Law), for respondent No.2 was directed to produce relevant rules and bye-laws of the CDGK and KBCA, if any, pertaining to the installation of billboards along with details of billboards. While Mr. Ahmed Pirzada, learned A.A.-G., was required to place relevant order of the government in this context. Since, the matter was of a non-adversary nature, President, Sindh High Court Bar Association and Shehri were directed to depute counsel to assist the Court. Today, none appeared from the side of the petitioner. Mr. Manzoor Ahmed submits that they have already acted in the matter positively and as such, illegal billboards have been removed from the site. Rest of the respondents through their advocates adopted the same arguments. They have stated that the petitioner through this constitutional petition cannot claim compensation as mentioned in paras. 5 and
6. Upon perusal of the contents of this petition and the annexures, it appears that certain casualties had occurred due to falling of billboard, which were installed unlawfully. Since each of the respondents had become vigilant and has taken preventive measures to avoid such casualties, this petition is to be disposed of with direction that existing rules may be followed strictly 'However, the petitioner can seek separate remedy so far compensation is concerned. With these observations, this petition is disposed of. S.A.K./H-7/K Order accordingly.