Restoration of Possession of Market Platforms Against Illegal Encroachments.
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آئین پاکستان کے آرٹیکل 199 کے تحت جائیداد پر قبضے اور قانونی تحفظ
کیس کا پس منظر
قبضہ اور قانونی شکایات
سیکیورٹی کے خطرات اور نقصان
قبضہ شدہ زمین کا استعمال
ہائی کورٹ کا حکم
فیصلے کی عملی اہمیت
Must read Judgement
2024 C L C 1565
[Balochistan]
Before Muhammad Ejaz Swati and Nazeer Ahmed Langove, JJ
SHER ALI BANGULZAI, GENERAL SECRETARY NATIONAL F&V COMMISSION AGENTS ASSOCIATION (REGD.), QUETTA----Petitioner
Versus
GOVERNMENT OF BALOCHISTAN through Chief Secretary Balochistan Quetta and 6 others----Respondents
Constitutional Petition No.917 of 2021, decided on 23rd October, 2023.
Constitution of Pakistan---
----Art. 199---Constitutional petition---Encroaching upon property of others in the garb of business---Restoration of possession---Petitioner being general secretary of Fruit and Vegetable Commission Agents Association sought the removal of the private respondents being illegal encroachers/Mashakhors, from the two platforms Hazar Ganji Fruit and Vegetable Market, Quetta, with prayer to shift them to their allotted land---Contention of the petitioner was that due to illegal encroachments of private respondents/Mashakhors on the platforms , not only the Association's business had been damaged badly, but there was also a serious security threat---Validity---Record revealed that initially, the private respondents were doing their business on the road of two platforms meant for the auction of fruits and vegetables; however, with the passage of time, they installed their camps and fully possessed the platforms above, which created obstacles for the petitioner's Associations to run their business smoothly; the petitioner approached and apprised the private respondents of their illegal occupation and encroachments, but to no avail---In said connection, the petitioner applied to the concerned offices (Police, Civil Administration, Market Committee, etc.) to redress their grievance, but no concrete steps had been taken---Meanwhile, the Committee of respondents/Mashakhors filed a civil suit against official respondents, which was tried and finally dismissed by the Civil Court---Later, reportedly, an unfortunate bomb blast occurred in the Fruit and Vegetable Market Complex, Hazar Ganji, resulting in heavy loss of precious lives and property; after that the petitioner's Association convened various meetings with the official respondents, and in connection to that, petitioner's Association installed CCTV cameras and street lights for security, however, same could not bear results due to illegal encroachments---Unfortunately, record also showed that even the concerned official authority had approved and allotted a vast space/land to the private respondents / Mashakhors; however, they (respondents) alleged to have sold out and utilized the said land for purposes other than the purpose for which it was allocated---High Court viewed that , in any case, no person can be allowed to encroach upon property of others in the garb of his own business and said trend cannot be appreciated at all---High Court directed the official respondents to restore the possession of both the Fruit and Vegetable Market Complex Hazar Ganji platforms to the petitioner's Association after following the law---Constitutional petition was allowed accordingly.
Jahangir Khan Mandokhail and Abdul Musawir for Petitioner.
Munir Ahmed Sikandar, Additional Advocate General for Respondents Nos.1, 2, 4 to 7.
Syed Taqveem Shah and Inayat Khan Kasi for Respondent No.3.
Aminullah Amin for Respondents Nos.10 and 11.