Law: Punjab Local Government Ordinance (XIII of 2001)

Section: 1(2),190,Rule2, Schedule1,16,2,2nd Schedule,PartIII,54A,53,54

Law: Works of Defence Act, 1903

Section: 2(J)

Law: Constitution of Pakistan, 1973

Section: 77

Law:

Section: 198,3,13A

(a) Punjab Local Government Ordinance (XIII of 2001)--- ----Ss. 53, 54 & Second Sched. Part-II, Item 5, Cls. N, NN---Cantonments Act (II of 1924), Ss. 3, 11 & 13-A---Camping Ground under control of Army---Holding of private cattle fairs/markets on such Ground under lease agreement executed between Army Headquarters and petitioner without obtaining licence from concerned Town Municipal Administration---Validity---Land under command and control of Army would not under any provision of law make same immune from other laws prevalent in area including laws relating to Local Government---such ground could not be treated as a cantonment in absence of notification of Federal Government---Nothing was available on record to show a Cantonment Board in the relevant area and falling of Camping Ground within its jurisdiction---Nobody could set up and run his own cattle market on basis of a private arrangement and collect fees as same would amount to sanctioning unlawful collection of tax/fees, which was exclusive domain of Local Government---Nobody except Town Municipal Administration had power to establish cattle fairs/markets within its territorial jurisdiction---Establishment of cattle market on a Camping Ground or some property under control of Army could be done only with permission of Town Municipal Administration---Neither petitioner nor Army Headquarters had any lawful authority to collect any tax for sale and purchase of cattle in a cattle market in jurisdiction of Town Municipal Administration of the area---Principles. (b) Constitution of Pakistan (1973)--- ---Art. 199---Constitutional petition---Alternate remedy, availability of---Effect---Direct recourse to constitutional jurisdiction of High Court could not be encouraged in presence of such remedy. JUDGMENT IJAZ UL AHSAN, J.---The petitioner claims to be a cattle market contractor. He had been holding a cattle market at Sari Alamgir some years ago. The cattle market was subsequently shifted to Kharian by the Tehsil Municipal Administration. Since no cattle market was being held at Sarai Alamgir, the petitioner moved an application with the Tehsil Nazim, Tehsil Sarai Alamgir for permission to hold a…

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