Law: Constitution of Pakistan, 1973

Section: 199

Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan-------Art. 199---Constitutional petition---Flyover bridges---Object, purpose and scope---Petitioner was aggrieved of use of land under flyover bridges for commercial purposes---Validity---Land in question was acquired and had been utilized for public purposes i.e. construction of flyover bridge and had become part of public road, therefore, could not have been utilized for any commercial activity by either of the parties---Purpose of constructing flyover bridges in cities was to release traffic congestion and inconvenience to commuters nearby and in case commercial activity was allowed beneath flyover bridges it would negate very purpose of such construction---Commercial activity beneath flyover bridges would add to traffic congestions and inconvenience to nearby commuters---High Court observed that flyover bridges in Karachi city, due to negligence of concerned authorities, either were encroached for commercial activity or with their tacit approval such activities were allowed---Authorities were directed to remove all construction beneath flyover in question and land situated between the flyover and adjacent localities---High Court further directed the authorities to remove all encroachments beneath other flyover bridges in Karachi city and also consider to plan and develop spaces underneath flyover bridges for public parks as had been done in other cities, for or other public recreation purposes but no commercial activity could be carried out therein nor any permanent construction should be raised---Petition was allowed in circumstances. Faiz Bakhsh and others v. Deputy Commissioner/Land Acquisition Officer Bahawalpur and others 2006 SCMR 219; Shehri: Citizen for a Better Environment and others v. Government of Pakistan and others 2009 YLR 1137; Dr. Insaf Ahmed v. Medical Superintendent C.M.C. Hospital, Larkana 2001 YLR 1088; Habib-ur-Rehman Unar and others v. Government of Sindh and others PLD 2004 Kar. 728 and Multiline Associates v. Ardeshir Cowasjee PLD 1995 SC 423 rel. Raja Qasit Nawaz Khan for Petitioner. Irshad Ahmed Kehar, D.A.-G. for Respondent No.1. Muhammad Asif Malik along with Accountant of Respondent No.3, for…

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