2024 PLP 1565 (CLC)

NAZEER AHMED LANGOVE, J.

In the instant petition, the petitioner seeks the removal of the illegal encroachers/Mashakhors (private respondents) from the two platforms of Phase-I, comprising thirty-seven (37) acres at Hazar Ganji Fruit and Vegetable Market, Quetta, and shift them to their allotted land measuring twenty-three (23) acres at Phase-II of the said Market.

2. We have heard the learned counsel for the parties and gone through the record with their assistance.

3. Facts of the case are that the Government of Balochistan had allocated thirty-seven (37) acres of land for the Fruit and Vegetable Market Complex, Phase-I Hazar Ganji Quetta (hereinafter the "land-in-dispute"), divided into two parts: the competent authority had allotted one platform to Fruit Commission Agents and the second one to the Vegetable Commission Agents. The petitioner alleged that the said platforms were illegally and unlawfully occupied by the Mashakhors under the supervision of Asmatullah, President, and Mir Hamza, Member of Mashakhor Group (respondents Nos. 10 and 11). On complaints, the Director General, Quetta Development Authority, vide minutes of the meeting dated 22 June 1998, allotted separate twenty-three (23) acres of land in Phase-II of the Market to the Mashakhors, in consideration of Rs.30,000 per head, but they allegedly sold and rented out their allotted land to others and continued their unwarranted possession on the platform made for fruit and vegetable auction by setting their camps illegally. The Chairman of the Fruit and Vegetable Market Committee, Hazar Ganji (respondent No.9), issued a notice dated 28 July 2016 to all the illegal occupants to evacuate the platform of Phase-I allotted to Fruit and Vegetable Commission Agents and shift their business to the land allotted to Mashakhors. Besides the construction of thirty-nine (39) hotels and fifty-two (52) different shops on the land-in-dispute, which are not part of the Fruit and Vegetable Market, the petitioner approached and apprised the Deputy Commissioner, Quetta (respondent No.6), of the referred illegal acts, but with no result. Meanwhile, in 2018, the Mashakhors filed a civil suit No.71/2018 against the Agriculture Department, Quetta Development Authority, and the Market Committee (respondents Nos.2, 7 to 9), but it was dismissed vide order dated 22 November 2018 passed by the learned Civil Judge, Quetta. After that, the petitioner filed an application dated 5 April 2019 before the Secretary, Agriculture Department (respondent No.2), vide letter dated 11 April 2019, the secretary asked the Director General Agriculture (Extension) Balochistan (respondent No.7) to remove all illegal encroachments from the Fruit and Vegetable Market, Hazar Ganji, Quetta. However, on 12 April 2019, a tragic bomb blast occurred at Hazar Ganji. On 13 April 2019, the relevant authorities called a meeting under the supervision of SSP Operations. They decided that the Fruit and Vegetable agents would arrange for CCTV Cameras, street lights, and depute security guards, but CCTV Cameras are ineffective due to illegal encroachments. The petitioner's grievance is that despite repeated requests, the official respondents did not pay attention to redress their grievance; hence, this petition with the prayer mentioned above.

4. On service of notice, the Secretary of Agriculture and the Inspector General, Frontier Corps (respondents Nos.2 and 3), the Director of Economics and Marketing, and Chairman F&V Market Committee (respondents Nos.8 and 9) filed their para-wise comments, wherein they expressed their readiness to vacate the land-in-dispute. However, the President Mashakhor Group (respondent No. 10), instead of filing counter affidavit, filed an application with the prayer to direct the official respondents to submit report regarding the allotment of plots to the Mashakhors in the twenty-three (23) acres and handover possession of the same to them.

5. Perusal of the record indicates that initially, the respondents were doing their business on the road of two platforms meant for the auction of fruits and vegetables; however, with the passage of time, they installed their camps and fully possessed the platforms above, which created obstacles for the petitioner's Association to run their business smoothly; the petitioner approached and apprised the private respondents of their illegal occupation and encroachments, but of no avail. In this connection, he applied the concerned Police, Civil Administration, Market Committee, etc., to redress their grievance, but no concrete steps have been taken. Meanwhile, the Mashakhors Committee filed a civil suit against the official respondents, which was tried and finally dismissed, vide order dated 22 November 2018 passed by the Civil Judge-III, Quetta. Reportedly, on 12 April 2019, an unfortunate bomb blast occurred in the Fruit and Vegetable Market Complex, Hazar Ganji, resulting in heavy loss of precious lives and property; after that, the petitioner's Association convened various meetings with the official respondents, connection to that, the petitioner's Association installed CCTV Cameras and street lights for security; however, could not be made result oriented due to the illegal encroachments.

6. The petitioner's learned counsel urged that due to illegal encroachments of Mashakhors, not only the petitioner's Association business has been damaged badly, but there is also a serious security threat, realized by the official respondents in this respect issued several notices to remove their illegal installations (encroachments), but the private respondents did not pay any heed. It has also come on record that following the minutes of the meeting dated 13 June 1998 under the Chairmanship of Minister P&D/Chairman QDA regarding the shifting of Truck Adda and Fruit/Vegetable Market, a space comprising twenty-three (23) acres was approved and allotted to the private respondent (Mashakhors); however, the latter alleged to have sold out and utilized the land mentioned above other than the purpose allocated for; which is unfortunate.

7. However, in any case, no person can be allowed to encroach upon the property of others in the garb of his (their) business. This Court cannot appreciate such a trend at all. In view of the above, the petition is allowed, and the official respondents are directed to restore the possession of both the Fruit and Vegetable Market Complex Hazar Ganji platforms to the Petitioner's Association after following the law. Order accordingly. MQ/42/Bal. Petition allowed.