Law: Constitution of Pakistan, 1973

Section: 22(3)(b),24(1),199,25A,34,37,38

Law: Constitution of Pakistan, 1973

Section: 22(3)(b),24(1),199,25A,34,37,38

(a) Constitution of Pakistan-------Arts. 22(3)(b), 24(1) & 199---Suo motu notice, issuance of---Infringement of fundamental rights---Matter of public importance---State land earmarked for construction of Government Girls College---News report about encroachment upon sizeable portion of such land by influential persons---Such news report could be considered complaint of girls of Balochistan including of the area concerned and would be deemed an application submitted by them as aggrieved persons in terms of Art. 199 of the Constitution having no other adequate remedy under law---Record showed that such land belonging to Provincial Government was leased out to Education Department for a period of 99 years for constructing thereon such College---No right could flow from letter of Deputy Commissioner addressed to Commissioner recommending allotment of some land to certain individuals, which letter was reported to have been withdrawn---Photographs placed on record by Department and letter issued by Executive Engineer would show that inhabitants of area had recently constructed a metalled road right through centre of such land without permission---Such illegal act could not create any right in anyone---According to Google Satellite image of such land, same was a continuous whole and without any road running therein---Status quo order in respect of such land issued by civil court in a suit filed by private respondents was neither confirmed nor continued---Mere pendency of such suit would not deprive Department of such land in respect whereof they had produced ownership documents---Executive Engineer had assured construction of boundary wall around College to ensure against any attempt of land grabbing---No one had any right, title or interest in such land, which belonged to Department and was meant for College---People could not be deprived of their fundamental rights guaranteed in the Constitution merely because they might be unaware of them or might not have wherewithal to approach High Court---Encroachment upon such land could be deemed to be a denial of access to such College being constructed out of public revenue---Department had failed to perform its duty to…

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