| Citation(s) |
|---|
| 2017 SLG 2568 2017 SLD 2568 2017 YLR 2490 |
Peshawar High Court
W. P. No. 403-M of 2015, decision & hearing Dated: 13-2-2017.
MUHAMMAD YOUNIS THAHEEM, JUSTICE, MOHAMMAD IBRAHIM KHAN, JUSTICE
Mian Shafaqat Jan and Khwaja Salahuddin for Petitioners. Sabir Shah, A.A.G. for
Respondents.
W. P. No. 403-M of 2015, decision & hearing Dated: 13-2-2017.
MUHAMMAD YOUNIS THAHEEM, JUSTICE, MOHAMMAD IBRAHIM KHAN, JUSTICE
Mian Shafaqat Jan and Khwaja Salahuddin for Petitioners. Sabir Shah, A.A.G. for
Respondents.
CIVIL AVIATION AUTHORITY THROUGH DIRECTOR GENERAL
VS
GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH CHIEF SECRETARY AND 3 OTHERS
Law:
Section:
(a) Constitution of Pakistan--- ----Arts. 199 & 24---Constitutional petition--Maintainability---Civil Aviation Authority (petitioner) seeking removal of civil structure near the Airport---Validity---Land on which houses of private citizens had been constructed was not acquired land of Civil Aviation Authority and was owned by private individuals---Rights to property of citizens were protected under Art. 24 of the Constitution---Civil litigation was pending between the parties before the competent court of law---Constitutional petition against private individuals was not maintainable---High Court while exercising constitutional jurisdiction could not direct the official respondents to demolish the homes of citizens---Constitutional petition was dismissed in circumstances. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition against private individual---Maintainability---No writ could be issued against private individuals. THIS JUDGMENT DELIVERED BY: MUHAMMAD YOUNIS THAHEEM, JUSTICE:--- .--- Through this constitutional petition, the petitioner herein has asked for the following relief. "(a) That the respondents Nos. 1 to 4 be directed to immediately assist the petitioner in removing the buildings/ civil structures constructed within the clearance area and/or obstacle limitation surface of Chitral Airport. (b) That the Respondents Nos.1 to 4 be directed to always provide all required help and assistance to the petitioner forthwith, in accordance with law in implementation of the provisions of the Rules and all other relevant aviation laws. (c) That the Respondents Nos.1 to 4 be directed to ensure that no person shall construct and/ or erect any temporary structure, nor position a vehicle or other mobile object on or in the vicinity clearance area of the Chitral Airport and, if ever constructed or erected, to assist the petitioner in removing it; (d) That the Respondents be directed not to allow any construction or erection of any building/civil structure within the clearance area and/or obstacle limitation surface of Chitral Airport without first obtaining a No objection Certificate, firstly, from the Respondent No. 3 and then the petitioner,…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492