Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan-- ----Art. 199---Constitutional petition---Public property---Illegal billboards/hoardings on public property, sought to restrain Municipal Corporation from allowing respondents from placing/erecting signage on green-belts, which per contention of petitioner, were illegally allotted to the respondents---Validity---Subject green belts were public property and in view of orders of the Supreme Court in such regard, no signboard, billboard or advertisements could be allowed on said green belts were advertising and purported allotments to them were illegal in view of the orders of the Supreme Court---Public property meant for use and enjoyment of general public could not be leased to any private or third party nor could any type of third party interest could be created therein---Government, relevant municipal authority and all such functionaries were duty bound to keep public property free from all types of encroachments and claims---High Court declared impugned allotments of the green belts as illegal and directed that the possession of the same shall be resumed forthwith by the respondents and furthermore, the respondents and authorities were jointly and severally directed to ensure that all signboards, billboards and advertisements were removed forthwith from the green belts and in future no such signage should be allowed thereon---Constitutional petition was allowed accordingly. C.M.A. No. 209-K of 2014 in C.P. No. 152-K of 2014 and C.M.As. Nos. 657 to 660-K of 2015 and C.M.A. No. 869-K of 2016 in C.M.A. No. 209 of 2014 rel. THIS ORDER PASSED BY: NADEEM AKHTAR, JUSTICE:---.--- Through this petition, the petitioner has prayed inter alia that the respondents be restrained from erecting/affixing any signboard, billboard or advertisement on any of the three green belts illegally allotted by respondent No. 4 to private respondents 6 and 7; official respondents be directed to remove all the illegal signboards, billboards and advertisements from the said three green belts; the illegal allotment of the said green belts made by the official respondents in favour of private respondents in violation of the law, rules and regulations be cancelled ;…

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