1994 PLP 589 (MLD)
AKHTAR ALI and others — Petitioners Versus MUNICIPAL COMMITTEE, MANDI BAHA-UD-DIN — Respondent
| Citation | 1994 PLP 589 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | AKHTAR ALI and others — Petitioners Versus MUNICIPAL COMMITTEE, MANDI BAHA-UD-DIN — Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1994 PLP 589 (MLD)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 589 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 589 (MLD) (AKHTAR ALI and others — Petitioners Versus MUNICIPAL COMMITTEE, MANDI BAHA-UD-DIN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Aqil Mirza for Petitioners.
Headnotes / Summary
Art. 199
Punjab Local Government Ordinance (VI of 1979), Ss.121 & 174
Constitutional jurisdiction, exercise of
Petitioners who were petty shop keepers had alleged that respondent Authority had illegally demolished structure raised by them on land belonging to Government without issuing them legal notices despite the fact that construction raised by them did not come within purview of encroachment, because same was raised with consent of the Authority 30 years earlier and since then they were paying `Tehbazari'-- Matter in dispute involved disputed question of fact which could not be undertaken in exercise of Constitutional jurisdiction
Petitioners, could, if so advised, avail other remedy provided to them under law.
Judgment & Decree
Petitioners, who are petty shop-keepers, have filed this Constitutional petition voicing grievance that the respondent-Municipal Committee, Mandi Baha-ud-Din, without adhering to the provisions of law/rules is illegally demolishing the structure raised by them on the land belonging to the Provincial Government. It has been stated that no notice as required under section 121, read with section 174 of the Punjab Local Government Ordinance, 1979 was ever issued to the petitioners. But in spite of the same the respondent-Committee is bent upon to throw them on the roadside and deprive them of their livelihood. Further, argument has been advanced that the construction raised does not come within the purview of encroachment because the same was raised with the consent of the respondent 30 years earlier and since then regular Tehbazari is being paid. I have given my anxious consideration to the contentions raised by the learned counsel for the petitioners. The matter involves disputed question of facts which I am afraid cannot be undertaken in the exercise of Constitutional jurisdiction. The petitioners may, if so advised, avail other remedy provided to them under the law. This non-interference in the matter in the exercise of Constitutional jurisdiction would of course not absolve the respondent- Municipal Committee to deal in this matter strictly within the four corners of law. H.B.T./A.-318/L Petition dismissed.