Case Details

Citation(s)
2014 SLG 1704 2014 SLD 1704 2014 CLC 816
Sindh High Court
Constitutional Petition No.D-3645 of 2011, decision dated: 7-02-2013.
MAQBOOL BAQAR AND RIAZAT ALI SAHAR, JJ

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Syed AZEEM SHAH and anothers

VS

PROVINCE OF SINDH through Secretary, Local Government Sindh and 8 others

Law:

Section:

Constitution of Pakistan-------Art. 199---Constitutional petition---Encroachment and unauthorized construction under flyover---Order of High Court for removal of such encroachment---Non-compliance of such order of High Court---Effect---Contention of petitioners was that installation of cabins under flyovers would cause trafficjams and same would be a threat for the general public---Validity---High Court directed Municipal Corporation to remove encroachments under all flyover in the city and ensure that no illegal and unauthorized construction/occupation took place in future---Police was directed to provide security to the functionaries of Municipal Authorities so that they could carry out order of High Court safely and swiftly---Compliance report with regard to removal of encroachments under the flyover was directed to be submitted in the court---Constitutional petition was disposed of accordingly. Asadullah Memon for Petitioner. Khursheed Javed for K.M.C. Shafi Muhammad Memon, A.A.-G. ORDER The petitioner, through the instant petition, has prayed for the following reliefs:--- (i) That it may be declared that beneath, sides and footpath of flyover bridge Quaidabad are not declared as hawker zone. (ii) That the installation of huge cabins erected under the beneath at the sides of Quaidabad overfly bridge on footpath will cause serious regular traffic jams and also serious security threats to the petitioners as well as the public in general met their lives of the peoples at stake and miserable. (iii) To declare that installation of the cabins is against the master plan and footpath are to be turned into concerned business…
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