| Citation(s) |
|---|
| 2008 SLG 412 2008 SLD 412 2008 CLD 758 |
Lahore High Court
I.C.A. No.181 arising from W.P. No.3344 of 2006, decision dated: 3rd May, 2007
MUHAMMAD MUZAMMAL KHAN, JUSTICE SYED HUMID ALI SHAH, JUSTICE
AHMED REHAN ASIF Agha Abul Hassan Arif for Petitioner
I.C.A. No.181 arising from W.P. No.3344 of 2006, decision dated: 3rd May, 2007
MUHAMMAD MUZAMMAL KHAN, JUSTICE SYED HUMID ALI SHAH, JUSTICE
AHMED REHAN ASIF Agha Abul Hassan Arif for Petitioner
AHMED REHAN ASIF
VS
GOVERNMENT OF THE PUNJAB THROUGH CHIEF SECRETARY AND 11 OTHERS
Law:
Section:
Pakistan Environmental Protection Act (XXXIV of 1997)--S. 12---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Intra-Court appeal---Sole object of filing constitutional petition, in the present case, was to seek protection of individual benefit, at the altar of public interest at large---Petitioner had failed to satisfy the court that impugned action of the authorities was not beneficial to larger interest of community as a whole---Bald allegations were made in the petition and relevant material was suppressed---Such conduct of petitioner disentitled him to a relief, in the extraordinary constitutional jurisdiction---High Court, under its constitutional jurisdiction, could not pass such direction which suited to the business of an individual or a few individuals; larger interest of the society had precedence over individual gains and benefits---Constitutional petition was rightly dismissed in circumstances---Intra-court appeal was dismissed. ORDER The appellant runs a Filling Station with the name and style of "Mango Garden Filling Station" the business activity involves the sale of fuel and other related services of a Multinational Oil Company "Total Parco". Filling Station is situated at 14 K.M. Multan Road, Thokar Niaz Beg, Lahore, at a strip which connects Canal Road to Motorway through Chowk Niaz Beg and has its commercial value. The plan for construction of flyover to link the motorway with Canal Road at Multan Road Niaz Beg Raiwind Road junction, was assailed in constitutional jurisdiction of this Court on various grounds namely; that plan for impugned construction of flyover was chalked out without associating affectees; that proposed plan suffers from technical defects; that proposed construction was never part of main Motorway project and impugned extension is extravagant, and more than to meet requirement of traffic; that proposed construction is violative of section 12 of Pakistan Environmental Protection Act, 1997; that proposed project is aimed at to benefit a certain class; that existing design of Highway is sufficient enough to take the flow of traffic; that proposed plan includes 12 to 8 feet concrete…
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