| Citation(s) |
|---|
| 2024 SLG 3038 2024 SLD 3038 2024 SCMR 1137 |
Supreme Court of Pakistan
Constitution Petition No.9/2010, Criminal Original Petition No.7-K/2017, C.M.A. No. 6206/2013, Criminal Original Petition No. 9-K/2021, C.M.As. Nos. 441-K, 1083-K, 1112-K, 774-K/2017, Crl.M.A. No. 59-K/ 2018, C.M.As. Nos. 1062-K, 1064-K/2021, 941-K/2020,
PRESENT: QAZI FAEZ ISA, CJ, JAMAL KHAN MANDOKHAIL AND NAEEM AKHTAR AFGHAN, JJ
Attendance: Mukesh Kimar G. Karara, Advocate Supreme Court, Murtaza Ali, in-person, Kh. Shamsul Islam, Advocate Supreme Court, Javed Kumbo, Additional Secretary, Finance (in C.M.A. No. 941-K/2020, in C.M.A. No. 521-K/2019 in C.P. No. 9/2010). Farhad Younu
Constitution Petition No.9/2010, Criminal Original Petition No.7-K/2017, C.M.A. No. 6206/2013, Criminal Original Petition No. 9-K/2021, C.M.As. Nos. 441-K, 1083-K, 1112-K, 774-K/2017, Crl.M.A. No. 59-K/ 2018, C.M.As. Nos. 1062-K, 1064-K/2021, 941-K/2020,
PRESENT: QAZI FAEZ ISA, CJ, JAMAL KHAN MANDOKHAIL AND NAEEM AKHTAR AFGHAN, JJ
Attendance: Mukesh Kimar G. Karara, Advocate Supreme Court, Murtaza Ali, in-person, Kh. Shamsul Islam, Advocate Supreme Court, Javed Kumbo, Additional Secretary, Finance (in C.M.A. No. 941-K/2020, in C.M.A. No. 521-K/2019 in C.P. No. 9/2010). Farhad Younu
NAIMATULLAH KHAN, ADVOCATE AND OTHERS---PETITIONER
VS
FEDERATION OF PAKISTAN AND OTHERS---RESPONDENTS
Law: Constitution of Pakistan, 1973
Section: 184(3)
(a) Constitution of Pakistan----Art. 184(3)---Encroachment upon and blockade of public roads and pavements by Federal and Provincial Governments---Observations and directions given by the Supreme Court in relation to such encroachment stated. Whilst encroachments by citizens are demolished it is unfortunately noted that encroachments on public roads and pavements are made by those paid out of the public exchequer. Occupants of properties also assume that the pavement running in front of their property is theirs, to do with it as they please. Generators are also installed thereon. Pavements are for the use of the public; access thereto and use thereof cannot be prevented or restricted. Everyone, including the provincial and Federal governments, and all those under them must abide by the law and cannot encroach upon public roads and pavements nor can block them which may stop or restrict public use thereof. Citizens must not be inconvenienced. Those paid out of the public exchequer serve the people, and not vice versa. The misplaced exceptionalism negates the Constitution and the rule of law. Unfortunately, over the years an anti-people mentality has developed where those paid out of the public exchequer assume that the garden or open space within their premises should be preserved. Shipping containers are brought to close roads and pavements to stop protestors from proceeding but then are left by the roadside and on pavements. After serving the purpose for which the containers were brought they must be removed from roads and pavements. Roads and pavements are for the use of the public and cannot be allowed to be permanently obstructed in this manner. Therefore, all are directed, including all provincial and the Federal Governments, to clear public roads and pavements of all encroachments within three days, failing which the same should be demolished/removed by the relevant authority and the cost incurred thereon shall be recovered from those who encroached thereon. With regard to buildings in official use the amount shall be recovered from the pay of the senior most officer in occupation of the property/building in front of which runs the pavement on which…
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