| Citation(s) |
|---|
| 2021 SLG 1348 2021 SLD 1348 2021 SCMR 624 |
Supreme Court of Pakistan
Civil Petition No. 1134-L of 2018, decided on 15th January, 2021, Date of hearing: 15th January, 2021. (On appeal against judgment Dated 01.03.2018 passed by the Lahore High Court, Lahore in Intra Court Appeal No. 1392/2017)
MUSHIR ALAM, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Barrister Qasim Ali Chohan, Additional A.G. and Asif Bashir, Deputy Director Legal for Petitioner. Barrister Umer Riaz, Advocate Supreme Court for
Respondent No.1
Civil Petition No. 1134-L of 2018, decided on 15th January, 2021, Date of hearing: 15th January, 2021. (On appeal against judgment Dated 01.03.2018 passed by the Lahore High Court, Lahore in Intra Court Appeal No. 1392/2017)
MUSHIR ALAM, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Barrister Qasim Ali Chohan, Additional A.G. and Asif Bashir, Deputy Director Legal for Petitioner. Barrister Umer Riaz, Advocate Supreme Court for
Respondent No.1
PROVINCE OF PUNJAB THROUGH SECRETARY COMMUNICATION AND WORKS DEPARTMENT, LAHORE THROUGH CHIEF ENGINEER (NORTH/CENTRAL) PUNJAB HIGHWAY DEPARTMENT, LAHORE
VS
YASIR MAJEED SHEIKH AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 25,199,18
(a) Constitution of Pakistan--- ----Arts. 25 199---Right of easement---Question of discrimination installed a petrol pump and was given access from the main road---Subsequently the access from the main road was denied by the Provincial Highway Department (petitioner-department) filed Constitutional petition, which was allowed with the observation that only the respondents petrol pump had been denied access from the main road, thus, the petitioner-department was directed to provide access points to the petrol pump from the main road in the shape of entry and exit---Held, that that according to the reports of local commissions, although some of the petrol pumps had been given access from the main road but at the same time there were petrol pumps, which had no direct approach (but access from service road), therefore, the question of discrimination did not arise---Petition for leave to appeal was converted into appeal and allowed, impugned of High Court was set-aside with the observation that the respondent could approach the Court of competent jurisdiction for redressal of his grievance in accordance with law. (b) Constitution of Pakistan--- ----Arts. 18 199---Right of easement---Freedom of trade and business---Scope---Questions of fact raised in a Constitutional petition before the High Court installed a petrol pump and was given access from the main road---Subsequently the access from the main road was denied by the Provincial Highway Department (petitioner-department) filed a Constitutional petition, which was allowed with the observation that only the respondents petrol pump had been denied access from the main road, which was violation of Art. 18 of the Constitution, thus, the petitioner-department was directed to provide access points to the petrol pump from the main road in the shape of entry and exit---Held, that though Art. 18 of the Constitution guaranteed every citizen the right of freedom of trade, business or profession but said right of the respondent had not been infringed in the present case, because although he had been denied access from the main road but he had access from alternate route i.e. service road, which was 360 feet away from the main…
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