2005 PLP 619 (MLD)
SA'ADAT RIZVI — Petitioner Versus ANJUMAN-E-FALAH-E-ITTIHAD and others — Respondents
| Citation | 2005 PLP 619 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | SA'ADAT RIZVI — Petitioner Versus ANJUMAN-E-FALAH-E-ITTIHAD and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2005 PLP 619 (MLD)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 619 (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: 2005 PLP 619 (MLD) (SA'ADAT RIZVI — Petitioner Versus ANJUMAN-E-FALAH-E-ITTIHAD and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khursheed Javed for Petitioner.
- Mansoor Ahmed for Respondent No.2.
- Ch. M. Rafiq Rajorvi, Addl. A.-G. Sindh for Respondent No.4.
- Muhammad Muzaffarul Haque for Respondent No.5.
Headnotes / Summary
Art. 199
Constitutional petition
Encroachment upon a public road
Grievance of petitioner was that respondents had allowed encroachment upon a public road and enabled construction of shops and offices on such encroachment which had caused a great deal of traffic congestion, pollution and other hygienic problems
Factum of encroachment and construction of shops and offices upon public road, had not been disputed by respondents, but they had stated that some encroachments had been removed and that Provincial Minister for Local Bodies had allowed request of a number of people for raising shops in the area
High Court allowed Constitutional petition to the extent that any construction raised in violation of requirements of law would be invalid and directed the Authority to take appropriate measures for removal of encroachments strictly in accordance with law after notice to all concerned.
Judgment & Decree
Petitioner's grievance appears to be that the respondents Nos.1, 2 and 4 have allowed encroachment upon a public road and enabled construction of shops and offices on such encroached area, which has caused a great deal of traffic congestion, pollution and other hygienic problems. The factum of encroachment and construction of shops and offices upon public road has not been disputed by the respondents. The respondent No.2, however, in their parawise comments have, while admitting that encroachments have caused insanitation besides traffic congestion stated that some of them have been removed. It is further contended that the Minister for Local Besides, Sindh, allowed the request of a number of people for raising shops in the area. The learned A.A.-G. however, candidly conceded that only such directions of the Minister would be binding upon the respondent No.2 which were in accordance with law and not otherwise. In the circumstances we would allow this petition to the extent of holding that any construction raised in violation of the requirements of law would be invalid and would direct the respondent No.2 to take appropriate measure for removal of encroachments strictly in accordance with law, after notice to all concerned. The compliance report to be submitted within three months. With the above observations the petition stands disposed of. H.B.T/S-98/K Petition allowed.