Law: Balochistan Local Government Ordinance (XVII of 2001)

Section: 13,17(1),28,124(1),

Law: Balochistan Local Government Ordinance (XVII of 2001)

Section: 13,17(1),28,124(1),

Law: Balochistan Local Government Act, 2010

Section: 110,126,107(2)(3),111(1)

Balochistan Local Government Act (V of 2010)-------Ss. 111 & 126---Balochistan Local Government Ordinance (XVIII of 2001), S.124(1)---Constitution of Pakistan, Arts. 23, 24 & 199---Constitutional petition---Land of old Bus Stand and additional land acquired for amalgamation therewith for construction thereon a New Bus Terminal---Proposal of Municipal Corporation to construct Shopping Complex containing 786 shops and offices & Bus Stand on such land comprising of (1) basement for parking, (2) ground floor with shops, lifts, staircase for access to other floors and a fully covered area for Buses, (3) mezzanine floor partly covered with shops, (4) first floor covered with office, (5) second floor fully covered with offices and (6) third floor with restaurant---Petitioners' plea was that construction of a multi-storeyed building on such land by Municipality leaving only a small portion of built up area for use of proposed Bus Terminal would tantamount to change amenity use status of such land---Validity---Proposed Bus Terminal was not open to sky and not having ventilation for fumes generated by buses and for being encircled with shops and buildings had only small openings for entry and exit of buses---Leaving such a small portion of built area for use of proposed Bus Terminal would tantamount to changing Old Bus Stand's amenity status and conversion of public land into private use---Public interest for being supreme could not be discarded by public functionaries by transferring to private persons public land designed for amenity use---Such land for being public land and acquired and designed for a public amenity use of new Bus Terminal could not be permitted to be used for private commercial use by constructing thereon shops, offices and restaurant for its disposal to private parties---Entrance and exit of buses from Bus Terminal would become difficult due to insufficient parking place provided in proposed Project for visitors and owners of shops/offices---Basic planning requirements for designing of a Bus Terminal had not been met by Municipality nor had taken safeguards against prevailing risk---Impugned action of Municipality of converting public…

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