Law: Sindh Public Property (Removal of Encroachment) Act, (V of 1975)

Section: 5

  Sindh Public Property (Removal of Encroachment) Act (V of 1975)--- ----S.  5---Constitution  of  Pakistan  (1973), Art.199---Removal of petitioners' fixtures by respondent Authority---Validity---Provisions of SS, Sindh Public Property (Removal of Encroachment) Act 1975, stipulate a clear notice of seven days for removal of encroachments---Even if service by affixation on petitioners as alleged by respondent Authority, was effected on 7th February, seven days notice period would expire on 14th February and as such, respondent Authority could take action at the earliest on 15th February-- Action taken on 14th February having been taken one day too soon was unwarranted and illegal---Action of respondent Authority, did not appear to be bona fide and even otherwise same was not sustainable under law for provisions of S.5 of Act V of 1975 were not strictly followed inasmuch as action was taken against petitioners either without serving them with the mandatory notice or, in the alternative, before the expiry of notice period. Sindh Public Property (Removal of Encroachment) Act (V of 1975)--- ----S.  5---Constitution  of  Pakistan  (1973), Art.19a---Petitioners admitted to be tenants by respondent landlords and cases inter se were pending in Courts--Respondent  Authority  on  pretext  of  encroachments   demolished petitioners' wall fixtures and shutters which were not on municipal footpath---Litigation between petitioners on one hand and respondents landlords on the other, being pending in respect of tenancy rights of petitioners, respondent Authority had acted illegally and in mala fide manner m removing petitioners from tenanted premises---Removal of petitioners' fixtures by respondent Authority was declared to be without lawful authority and of no legal effect. Khalilur Rehman for Petitioners. Shafaat Hussain for Respondent No.1. Z.U. Ahmed for Respondent No.2. Yaseen Kayani for Respondent No.3. Date of hearing: 3rd September, 1991. JUDGMENT SALAHUDDIN MIRZA, J.--- After hearing learned counsel of the parties on 3-9-1991 we had by a short order allowed this petition in the…