Law: Constitution of Pakistan, 1973

Section: 199

(a)    Constitution of Pakistan--- ---Art.199---Constitutional petition---Maintainability---Residents of a private housing scheme seeking direction for provision of essential municipal facilities--Legality---Constitutional petition against private individuals---The petitioners, residents of a private residential scheme filed a constitutional petition claiming to be office bearers of the Colony s welfare association and purchasers of residential plots within the scheme---They alleged that essential civic amenities such as electricity, gas, drainage, sewerage, roads, and street lighting had not been provided---Through the present constitutional petition petitioners had sought directions for provision of basic municipal facilities and to restrain further construction on the disputed land---Held: Present constitutional petition was not maintainable in its present form---The primary grievance of the petitioners had arisen out of alleged inaction by private individuals or entities, who did not fall within the definition of person, amenable to writ jurisdiction under Art.199 of the Constitution ---Writ could not ordinarily be issued against private parties unless it was demonstrated that they were discharging public functions under a statutory frame work which was not the situation in the present case---Moreover, the relief sought against government official was also misconceived---It was responsibility of private developers to obtain approval of the housing scheme and to provide infrastructure and amenities prior to transfer of such scheme to the local government---Unless and until the scheme was duly approved and handed over to the relevant municipal corporation, government was under no statutory obligation to provide basic facilities within such private developments---Additionally, the petitioners raised dispute which invoked factual controversies concerning the obligation of private parties, which required evidence and enquiry---Constitutional petition being misconceived was not maintainable in law and same was dismissed in limine. (b)    Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction of the High…