Law: Civil Aviation Ordinance, 1960

Section: 6A

Law: Constitution of Pakistan, 1973

Section: 23,24,91

(a) Civil Aviation Ordinance (XXXII of 1960)--- ----S.6A---Civil Aviation Rules (1994), R.68---Constitution of Pakistan, Arts.23, 24, 91---Judicial restraint---Constitutional petition---Structure free zone within the limits of Airport, Notification permitting establishment of---Petitioner prayed for an order restraining the respondents (Government Officials) from interfering into petitioners peaceful possession over the land and from demolishing any constructions raised thereupon under the garb of impugned Notification---Petitioner contended that the notification was issued for a limited period/on temporary basis for a specific purpose to cater for the security threats apprehended during the construction phase of the Airport; that said purpose had been fulfilled and the said Notification was no longer enforceable being lapsed with the afflux of time; that the impugned Notification itself stated that the same would remain in force till the security environment of the area was improved; that the respondents authorities could not interfere into the peaceful possession of the petitioner over his land under the garb of a lapsed Notification unless a new notification was issued by the competent authority; that impugned Notification had neither been approved by the Federal Cabinet nor published in the official gazette in terms of Art.91 of the Constitution at the relevant time---Impugned Notification was issued by Federal Government to protect the aviation industry in order to curtail the tendency of incidents of aeroplane crashing---Restraining order if issued by High Court could possibly put a complete halt/hiatus to the initiatives taken by the Government for encouraging security plans/activities in country by enhancing security environment through the aviation industry to avoid any incident---Courts should hesitate to strike down laws unless they were obviously unconstitutional---Petitioner failed to point out any unconstitutional act committed by the respondents official---Interference by High Court within the purview of Art.199 of the Constitution would badly hamper the initiatives being taken by respondents authorities for security purposes and would also put…

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