Law:

Section:

Public Street--- ----Purpose---Allotment of Public Street---Not authorized---Powers of Municipal Administration---Scope---Municipality could neither allot any portion of Public Street to a private person nor allow construction to be raised thereon to cause inconvenience to public---Principles. Municipality cannot allot any portion of street to any private person nor can any construction be allowed to be raised on street to cause inconvenience to the public. Public streets are meant to provide comforts and convenience to the public and no private person can be allowed to utilize the public amenity by raising un-authorized construction on it to the disadvantage of the public at large. Town Municipal Administration and Union Council in their respective domain are not only required to remove encroachment, but also to improve and maintain public open spaces. Public streets are meant to provide comfort and convenience to the public and no public functionary in law has any authority to allot and/or lease out any portion of it in any manner as these are -public amenities. No private person can be allowed to utilize public amenities by raising unauthorized construction on it to the disadvantage of the public at large. 2006 YLR 1471 and Madina /Electric Market v. City District Government, Karachi PLD 2009 Kar. 309 fol. JUDGMENT MUHAMMAD ALI MAZHAR, J:- This constitutional petition has been brought to seek following relief(s):-- (a) Declare that the act of respondent No.1 avoiding to remove the encroachment made by respondent No.4 on public streets/ place around his property/plot bearing C.S. No.C-581/18, Minara Road Sukkur, as illegal, mala fide and without lawful authority. (b) Direct the respondent No. 1 to remove the encroachment made by the respondent No.4 forthwith and in such action he can get assistance of the District Police. (c) Restrain the respondent No.4 from carrying out further work of structure of CNG Station over his plot/ property bearing C.S. No.C-581/18, Minara Road Sukkur, by himself, through his, subordinates/servants and/or through any other agency by granting ad interim injunction. (d) Grant compensatory cost of this petition. (e) Grant any other…

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