Law:

Section:

(a) Constitution of Pakistan (1973)-------Art.199---Constitutional petition---Maintainability---Food Street/Out Cafe, establishment of---Grievance of the petitioner was that public street could not be used for establishing Food Street/Out Cafe---Validity--­Public street was meant for the collective use of the public and it could not be put to any other use---No one had a right to stall, fence, launch a project and create obstruction or make encroachment of any kind on a public street---Local authority, with which vested the function to maintain public street, did not become owner of the site or soil over which the street existed---Right to use public street, free from any encroachment, trespass or nuisance was a public right---Such right could not be interfered with and no portion of street could be let out for a commercial purpose---Cafe could not be established on non-motorable part of service road as electric polls on both ends of such portion of service road would not make it non-motorable or serviceable and public street could not be narrowed down---Every member of the public had a right to pass and travel over service lane inclusive of the pathway, being a public street--­Public had a right over the whole width and length of the street and every inch of the same---Residents of property adjacent to a public street had a right to access to it---Any act, order or project which was likely to affect such public right merited interference in the Constitutional jurisdiction of High Court---Project to establish food street was neither formulated nor formally approved by the Local Authority as provided in Punjab Local Government Ordinance, 2001 and the rules framed thereunder---No resolution of District Government was placed on record to indicate that the project was lawfully approved---Even if the City Government wanted to approve, such a project it could not have done so, as it would have been violative of the provisions of Punjab Local Government Ordinance, 2001, and the rules framed thereunder---Act of Parks and Horticulture Authority in establishing a Food Street/Out Cafe was without lawful authority and the same was set aside by High Court---Constitutional…

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