Law:

Section:

(a) Punjab Local Government Ordinance (XIII of 2001)-------S. 146-D---Constitution of Pakistan, Arts. 199, 4, 9, 23 & 24---Constitutional petition---Maintainability---Sealing of premises without prior notice to the occupant on the ground that same was constructed without approval of TMA---Exercise of discretionary power---Power of Enforcement Inspector to seal building---Scope---Contention of petitioner was that no opportunity of hearing was provided to him---Validity---Enforcement Inspector had power to seal the premises, however such power could only be exercised in case of any serious threat to the public health, safety, welfare or danger to the life and property---Power of Enforcement Inspector to seal the premises was not to be exercised automatically but he should be satisfied that the sealing of premises was necessary---Such power of Enforcement Inspector to encroach upon the right of property and right to carry lawful business which was fundamental right of every citizen should be exercised after inquiry and notice to the parties---Petitioner was in possession on the building which was constructed in the year 2004 and since then he was carrying his business thereupon---No prior notice under S.146-D of Punjab Local Government Ordinance, 2001 and hearing was given to the petitioner before sealing the premises---No inspection was carried out before sealing the premises to ascertain whether there was threat to public health, safety, welfare or danger to the life and property---Discretionary power of Enforcement Inspector to seal premises was not unbridled---Enforcement Inspector being public functionary while exercising his such power had to act justly and fairly especially where fundamental rights of citizen were involved---Discretionary decision should be made according to rational reasons otherwise same would be arbitrary and might be considered misuse of powers---Functionaries of any organization or establishment could not be allowed to exercise discretion at their whims, sweet-will or in an arbitrary manner rather they were bound to act fairly, evenly and justly---Enforcement Inspector was required to follow the requirements of due process and rule…

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