Law: Constitution of Pakistan, 1973

Section:

Allotment-------Allotted property being utilized for purposes other than the purpose for which it was allotted---Effect---Petitioners (Mashakhors of Fruit and Vegetable Market, Hazar Ganji, Quetta) filed constitutional petition contending that they (Mashakhors) had been compelled to carry out their business only on two acres of land out of twenty-three (23) acres specified by competent authority for establishment of a venue for the business of fruit and vegetable etc. while the rest of the land was illegally occupied by Commission Agents (Private Respondents)--Validity---Record (furnished by official respondents) revealed that petitioners/Mashakhors were allotted twenty-three (23) acres, but they allegedly sold and rented out their allotted land to others and continued their unwarranted possession on the platform made for fruit and vegetable auction by setting their camps illegally and had utilized the land for purposes other than the purpose for which it was allocated---However, in any case, no person(s) including the petitioners could be allowed to encroach upon the property of others in the garb of their business---High Court did not appreciate such a trend at all---Constitutional petitions, being devoid of merit, were dismissed, in circumstances.Date of hearing: 12th October, 2023.ORDERNAZEER AHMED LANGOVE, J.---This order shall dispose of the Constitutional Petitions Nos. 1926 of 2021 and 307 of 2022, both petitions are filed on the same subject matter.2.    We have heard the learned counsel for the parties and gone through the record with their assistance.3.    Facts of the case are that the petitioner is the President of Mashakhor Fruit and Vegetable Market, Hazar Ganji, Quetta. In 1998, the Government of Balochistan, through the Quetta Development Authority, established a venue for the business of fruit and vegetable, as well as a truck and bus stand at Hazar Ganji, Quetta, to facilitate the business community and cater to the needs of the public at large; followed by the allotment of thirty-seven (37) acres of land to the Fruit and Vegetable Market Complex Phase-I, partitioned into two platforms, i.e. one for the…