Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan--- ----Art. 199---Public interest litigation---Amenity plots, encroachment upon---Petitioners were aggrieved of encroaching upon by municipal authorities into a children's park for construction of shops and quarters---Validity---Public place was being used for purpose other than for which it was created---Said plot was a public place and any other activity was beyond scope of relevant law which was encroachment upon valuable right of citizens---For interest of public at large any construction in shape of shops, houses, quarters and canteens was in violation of Constitution, laws, rules and regulations provided for the purpose---High Court directed the authorities to demolish shops which was a commercial activity and to add same to part of park or it should be utilized for zoo and other playing areas---Constitutional petition was allowed in circumstances. W.P. No.147 of 2013; Ardeshir Cowasjee and 10 others v. Karachi Building Control Authority (KMC), Karachi and 4 others 1999 SCMR 2883; Khalid Saeed v. Shamim Rizvan and others 2003 SCMR 1505; Ghulam Habib Jadoon v. Karachi Watch and Care Society and 3 others 2004 SCMR 911; Asadullah Mangi and others v. Pakistan International Airlines Corporation and others 2005 SCMR 445 and Cutting of Trees for Canal Widening Project, Lahore, in the matter of Suo Motu case No.25 of 2009, 2011 SCMR 1743 ref. (b) Vested right--- ----Inherent right---Scope---Vested right is inherent for common citizen and it cannot be taken away by few individuals to fulfil their personal needs. THIS JUDGMENT DELIVERED BY: MUHAMMAD NASIR MAHFOOZ, J.--- Through instant writ petition, under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners/ Public at large, prayed as under:-- "On acceptance of this writ petition, this Hon'ble Court may very graciously:-- i) Declare encroachment made in the Melad Park/ children park, Bannu city in shape of shops, rooms, houses, canteen, quarters etc as illegal void ab initio in contravention of the verdicts of the superior Courts and thereby directing the respondents to efficaciously remove the same by restoring the previous status of the said park.…

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