Law: Constitution of Pakistan, 1973

Section: 23

Constitution of Pakistan--- ----Art. 23---Suit for declaration---Installation of billboards---Right to enjoy property---Scope---Plaintiff-company installed billboards to advertise its different products but authorities directed to remove the same---Validity---Right to enjoy property was not simply a right to possess and occupy the property but it would include the right to free ingress, egress and to reap benefit---Right of view or exposure to and from the particular property had significant importance in the commercial world---People would attract towards the shops and establishments when same were exposed to the general view---Any invasion or encroachment of such right to enjoy the property was not recognized---Premises might be more enjoyed in a multi-storeyed building when it had an over view of scenic landscaping of the city environment---Plaintiff could establish that the right to view and exposure of his commercial establishment was of some beneficial interest to him---No billboard or hoarding could be permitted to be installed on any public property by any authority under the garb of by-laws which militated the civil rights of the public at large---Suit was disposed of accordingly. Clifton and Defence Traders Welfare Association through General Secretary v. President Clifton Cantonment Board, Karachi and 4 others PLD 2003 Kar. 495 ref. Clifton Centre Association (CCA), Clifton, Karachi through General Secretary v. City District Government through Nazim-e-Aala, Municipal Building, Karachi and 3 others PLD 2003 Kar. 477; Campbell v. Mayor, Aldermen, and Councillors of the Metropolitan Borough of Paddington (1911) 1 King's Bench Division 869; Shela Zia's case PLD 1994 SC 693 and 'Costal Livina's case' in 1999 SCMR 2882 rel. THIS JUDGMENT DELIVERED BY: ARSHAD HUSSAIN KHAN, J.---- The present suit was filed on 29.04.2008 against the defendants for declaration, permanent injunction and removal of illegal Billboard/Hoarding with the following prayers:- (a) Declaration that the construction/erection of a hoarding/ billboard commenced in April, 2008 in front of the plaintiff's outlet/petrol pump, Qurban Service Station, ST-12, Punjab Chowrangi (Submarine…

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