Law:

Section:

Punjab Local Government Ordinance (XIII of 2001)--- ----Ss. 141, 142, 143, 145 & Sixth Sched. Serial No.72---Constitution of Pakistan, Art. 199---Constitutional petition---Insanitation of seepage and disposal of water from the sewarage line of the petitioner's Guest House---Sealing of premises---Notice, service of---Scope---Tehsil Municipal Administration sealed the premises of petitioner on account of insanitation of seepage and disposal of water from the sewerage line of the same---Validity---Notice requiring owner or occupier of any building to proceed in view of the requirement raised by Municipal Administration was sine qua non for initiation of any action---Sealing of premises had nowhere been provided as a competent act to be taken by local government---No power had been provided to the local government to take any step in case of failure on the part of owner or occupier of a building to comply with the directions contained in Serial No. 72(1)(a)(b) & (c) of Sixth Schedule to Punjab Local Government Ordinance, 2001---Sealing of premises had nowhere been provided either by way of punishment or by way of any remedial step in consequence of alleged nuisance constituted by the owner or occupier of a building---No material was on record to establish that notice was served upon the petitioner---Action of sealing of premises had been taken without issuance of notice to the petitioner which was result of business rivalry---Impugned act was without lawful authority having no legal effect---Constitutional petition was accepted in circumstances---Municipal authorities were directed to de-seal the premises of petitioner forthwith. ORDER IBAD-UR-REHMAN LODHI, J.---The action by the respondents, whereby, the Guest House of the petitioner, on a land measuring 2-kanals, and 4-marlas, situated at Mauza Charhan, Tehsil Murree, under the name of 'Valley View Guest House' near the Chair Lift New Murree, was sealed on 14-9-2013, has been challenged through this writ petition, and the respondents were issued notices and, particularly, the Administrator, TMA Murree (respondent No.1) was ordered to appear in person alongwith complete record showing justifica-tion of…

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