Law:

Section:

Punjab Local Government Ordinance, 2001 (XIII of 2001)-- ----S. 54-A & Schedule 6th--Constitution of Pakistan, 1973, Art. 199--Provisions--Market in question is situated with in the territorial jurisdiction of town municipal administration--Functions and powers of T.M.A. to control over land use, land development by public and private sectors for any purpose including markets--No exception has been created between the public and private sectors nor has a market committee been excluded from the operations of the provisions of law. [P. 1117] A & B Constitution of Pakistan, 1973-- ----Art. 99--Punjab Local Government Ordinance, (XIII of 2001), S. 54-A--Questioon of--Whether the proposed construction of new shops and mini shops would cause a nuisance to the inhabitants is a matter which cannot be adjudicated upon by High Court as not only disputed question of fact are involved but also such inhabitants would have alternative remedy both under Civil law as well as Criminal Procedure Code--Petition dismissed. [P. 1118] C Order The instant Constitutional petition has been filed by the Administrator and Secretary of the Market Committee, Singhpura, Lahore wherein it has been contended that a Market Committee was established in terms of Sections 7 and 8 of the Punjab Agricultural Produce Markets Ordinance, 1978. The said Fruit and Vegetable Market was established over a piece of land measuring 40-Kanals, 2-Marlas and 57 sq. ft. owned by the Pakistan Railways, the possession whereof had been delivered to the said Committee. Subsequently, the petitioners wished to erect 12 mini shops in front of the Cycle Stand and 28 shops on the back of the Fruit and Vegetable Market facing the back road, for which requisite permission had been obtained from the Director of Agriculture (E&M), Lahore. 2. The grievance raised is that the respondents, who are Town Nazim of the area, T.M.A and T.O (Regulations) of the area are interfering in the said project more particularly with reference to the erection of 28 new shops facing the road on the back side of the Market. In the above perspective relief is sought from this Court. 3. The respondents have entered appearance and filed…

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