Case Details

Citation(s)
2002 SLG 2023 2002 SLD 2023 2002 CLC 1852
Lahore High Court
Intra-Court Appeal No.716 of 2000 in Writ Petition No. 13515 of 1993, heard on 28-03-2002
JAWWAD S. KHAWAJA AND ABDUL SHAKOOR PARACHA, JJ
Ahmad Waheed Khan for Appellants. Maqbool Elahi Malik, A.G. and BadarulAmeer for
Respondents

PRINCE FLYING COACH, FAISALABAD through Proprietor and 2 others

VS

MUHAMMAD IQBAL and 8 others

Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Law Reforms Ordinance (XII of 1972), S.3--­Constitutional jurisdiction of High Court under Art. 199 of the Constitution---Scope---Authorities had totally denied construction of bus stand over the green belt which had polluted environmental atmosphere and stated that land in question was State land which earlier was in possession of Irrigation Department for use of silting Tank---Land in dispute, according to Revenue Record was owned by the Provincial Government---Issue as to whether construction of bus stand over the land in dispute had polluted environmental atmosphere and had frustrated use of green belt, was a disputed question of fact resolution whereof would entail a detailed enquiry---Jurisdiction of High Court under Art. 199, Constitution of Pakistan (1973) would not be attracted and it would be for the Commissioner or Deputy Commissioner concerned to decide the said issue by giving opportunity of hearing to the parties---Appeal against the order of High Court was dismissed. JUDGMENT JAWWAD S. KHAWAJA, J.--- This appeal impugns the judgment of the learned Single Judge in Chamber, dated 3-7-2000 passed in Writ Petition No.13515 of 1993. The relevant portion of the judgment, with which the appellant is aggrieved, is reproduced as under:-- "As far as the stance taken by certain petitioners in Writ Petitions Nos.13515 of 1997 and 22054 of 1997 to the construction of stands at Abdullahpur Rakh Branch Canal over the green belt is concerned that has been totally denied by the respondents. It is stated by the respondents in…
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