2014 PLP 2415 (YLR)

Laws Cited

Representation

• Abdul Latif Kakar, Assistant Advocate General.
• Syed Iqbal Shah, Advocate along with Mr. Muhammad Ishaque Malik, Cantonment Executive Officer, Quetta Cantonment has submitted an unqualified apology. In view of the unqualified apology the notice issued to him is discharged, however, he is warned to be careful in future.
• 2. Syed Iqbal Shah, Advocate has submitted a report, which states that negotiations with Mr. Noor-ul-Haq, occupant of two shops and residence at the corner of Zarghoon Road and Samungli Road have been meaningful and there is likelihood of a positive outcome, however, the same is subject to the approval of the competent authority. In view of the fact that acute congestion is caused on account of the location of the said shops and residence we are confident that the competent authority will expeditiously attend to this matter of public concern. Syed Iqbal Shah, Advocate states that the report submitted also depicts that all the illegal encroachments on the berm and adjacent land of Durrani Nalla have been demolished. The Board should ensure that no encroachments on its said property are made by any private person, government or department, including the Frontier Corps.
• 3. Mr. Sher Ali Kakar, the occupant of Dalaan Bakery and Restaurant states that he has submitted his response to the proposal of the Cantonment Executive Officer. Syed Iqbal Shah, Advocate along with Cantonment Executive Officer state that the proposal to the extent that any money be paid by the Board is not acceptable as the Board is strapped for cash, however, if the same is modified and subject to the outcome of the report of the consultants, and approval of the competent authority an agreement may be arrived at for relocation of the said property.
• 4. Syed Ayaz Zahoor and Syed Iqbal Shah, Advocates state that as regards the bidders of the newly raised construction known as 'Khojak Plaza 2 'is concerned, negotiations are continuing. We want to mention here that the shops were constructed in contravention of the order of this court dated 7th December 2010 and that the Board has itself agreed to demolish the same as recorded in order dated 17th August 2011. CMA No.2546/2013 was submitted for recall of the said orders and is pending adjudication and today Syed Iqbal Shah, Advocate seeks time. It would also be appropriate to hear the said application after the report is received by the consultants appointed by the Government of Balochistan. The Cantonment Executive Officer is directed to be in attendance on the next date of hearing.
• 5. Mr. Muhammad Qahir Shah, Advocate along with Mr. Samiullah Akhund, Deputy Director (Maintenance) NHA submit report regarding the works being undertaken in Kuchlak town. They state that the works cannot be completed as there are 37 electric poles of QESCO in the way of such works and two distribution boxes of PTCL. It is further stated that they have taken up the matter a number of times with the concerned authorities of QESCO and PTCL, but without any positive outcome. In view of the fact that NHA is carrying out public works the Chief Executive Officer QESCO and General Manager PTCL Quetta to expedite the removal of their respective utilities which come in the way of the works being undertaken by NHA and in consultation with NHA.

Headnotes / Summary

Judgment & Decree