2014 PLP 816 (CLC)
Syed AZEEM SHAH and another — Petitioners Versus PROVINCE OF SINDH through Secretary, Local Government Sindh and 8 others — Respondents
| Citation | 2014 PLP 816 (CLC) |
| Forum / Court | Sindh |
| Bench Members | N/A |
| Parties | Syed AZEEM SHAH and another — Petitioners Versus PROVINCE OF SINDH through Secretary, Local Government Sindh and 8 others — Respondents |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2014 PLP 816 (CLC)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2014 PLP 816 (CLC)?
The case was heard and decided by the Sindh bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2014 PLP 816 (CLC) (Syed AZEEM SHAH and another — Petitioners Versus PROVINCE OF SINDH through Secretary, Local Government Sindh and 8 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Asadullah Memon for Petitioner.
Headnotes / Summary
Art. 199
Constitutional petition
Encroachment and unauthorized construction under flyover
Order of High Court for removal of such encroachment
Non-compliance of such order of High Court
Effect
Contention of petitioners was that installation of cabins under flyovers would cause trafficjams and same would be a threat for the general public
High Court directed Municipal Corporation to remove encroachments under all flyover in the city and ensure that no illegal and unauthorized construction/occupation took place in future
Police was directed to provide security to the functionaries of Municipal Authorities so that they could carry out order of High Court safely and swiftly
Compliance report with regard to removal of encroachments under the flyover was directed to be submitted in the court
Constitutional petition was disposed of accordingly.
Judgment & Decree
The petitioner, through the instant petition, has prayed for the following reliefs:
(i) That it may be declared that beneath, sides and footpath of flyover bridge Quaidabad are not declared as hawker zone. (ii) That the installation of huge cabins erected under the beneath at the sides of Quaidabad overfly bridge on footpath will cause serious regular traffic jams and also serious security threats to the petitioners as well as the public in general met their lives of the peoples at stake and miserable. (iii) To declare that installation of the cabins is against the master plan and footpath are to be turned into concerned business purpose is hazardous for the beautification of the city. (iv) To refrain, the respondents, to lease out or rented out the iron cabins which have been installed at the footpaths, beneath and by-sides of the flyover bridge Quaidabad, either themselves, or through their attorneys, agents, nominees, servants, men assignees or other persons who are working under them or on their behalf, directly or indirectly, impliedly or expressly in any manner whatsoever nature. This court has through numerous orders passed in several petitions, directed KMC to remove encroachments and ensure that no illegal and unauthorized construction/occupation takes place; however, it seems that KMC has not acted upon the orders. We would, therefore once again direct KMC to remove encroachments as complained of through the instant petition and from under all flyovers in the city and ensure that such encroachments do not resurrect in future at all. The concerned police is directed to provide security to the functionaries of KMC so that they may carry out the above mandate safely and swiftly. Compliance report regarding removal of the encroachments underneath the Quaidabad Flyover Bridge be submitted within five weeks to MIT-II of this Court. The petition along with the pending applications stands disposed of in the foregoing terms. AG/A-4/Sindh Order accordingly.