| Citation(s) |
|---|
| 2019 SLG 841 2019 SLD 841 2019 CLC 744 |
Lahore High Court
W.P. No. 225987 of 2018, decision Dated: 20-12-2018.
ALI AKBAR QURESHI, JUSTICE
Petitioner(s) by: Nemo Ch. M. Jawad Yaqub, Assistant Advocate General along with Capt. (R) Liaqat Ali Malik, Chief Traffic Officer, Lahore, Mehmood Masud Tamana, Chief Officer and Muhammad Ashraf, Town Planner, Metropolitan Corporation, Lahore and Muha
W.P. No. 225987 of 2018, decision Dated: 20-12-2018.
ALI AKBAR QURESHI, JUSTICE
Petitioner(s) by: Nemo Ch. M. Jawad Yaqub, Assistant Advocate General along with Capt. (R) Liaqat Ali Malik, Chief Traffic Officer, Lahore, Mehmood Masud Tamana, Chief Officer and Muhammad Ashraf, Town Planner, Metropolitan Corporation, Lahore and Muha
MALL ROAD TRADERS ASSOCIATION
VS
THE DEPUTY COMMISSIONER, LAHORE
Law: Constitution of Pakistan, 1973
Section: 199
Constitution of Pakistan--- ----Art. 199---Writ of mandamus---Continuing mandamus, principle of---Restoring original condition of a road---Efforts and measures---Road in question was declared a model road, therefore, it was decided to restore original beauty/shape of buildings existed on its both sides, particularly from specified places---Metropolitan Corporation was given task to instruct building owners to repair their buildings, if necessary and to start paint work---Effect---High Court directed that if anyone refused to comply with the order, i.e. repair of building and paint work, the work would be completed by Metropolitan Corporation at the cost and risk of the owner of the building and the expenses were to be recovered from the owners in accordance with law---High Court following the principle of "continuing mandamus" kept the petition alive as orders were to be complied by different departments---Order accordingly. THIS ORDER PASSED BY: ALI AKBAR QURESHI, J.--- During the proceedings of this petition, it is found after collecting the reports of different departments, that the Mall Road, Lahore, which was one of the finest roads of Lahore and people use to come for walk, is in a miserable condition. Heavy billboards installed by different companies have eclipsed the beauty of the old buildings which otherwise are protected under different laws. The billboards/signboards were thousands in number and it was very difficult to remove all the huge signboards but in order to save and preserve the beautiful old buildings facing to Mall Road, the Mall Road was declared as "Model Road". 2. Since the Mall Road, Lahore (Shahrah-e-Quaid-e-Azam Road) is being maintained by Metropolitan Corporation, Lahore and administered by the District Administration, therefore, the Lord Mayor, Lahore, Chief Officer, Metropolitan Corporation, Lahore and Deputy Commissioner, Lahore were summoned and task was given to them to remove the billboards and restore the original beauty of the buildings facing to Mall Road, Lahore. 3. In this respect, Capt. (R) Anwar-ul-Haq, the then Deputy Commissioner, Lahore, and Safdar Virk, the then Assistant Commissioner, Lahore City were given the…
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