Transfer of land to Transport department: LHC declares Punjab government's decision illegal

The Lahore High Court on Thursday declared the transfer of land measuring 303 kanal and 3 marals in Shahdara to the Transport Department for construction of bus stands and the decision of Tevta to shift or close three vocational institutions and a girls middle school on the land in question as illegal and without lawful authority.
Justice Shamas Mehmood Mirza passed these directions in a petition filed by Shahdara Welfare Council Secretary Khuda Baksh and observed that the land in question vested with Tevta by operation of law and even the Colonies Department, Board of Revenue, has no jurisdiction or power to transfer the land in dispute.
The petitioner had challenged the decision of the government of Punjab to transfer the land in question owned by the Industries Department to the Transport Department for construction of a bus terminal.
The government had also decided to shift and close institutions namely Government Weaving and Finishing Institute established in 1922, Government College of Technology for Glass, Ceramics and Pottery Development Shahdara, Government Vocational College for Women and City District Government Middle School being run on the land in question.
The petitioner's counsel A A Dogar and Junaid Razzaq contended that the institutions may not be shifted as it would deny the students of their legitimate right to seek vocational training.
They said shifting of the institutions would deprive the youth of local area and nearby towns by depriving them of their fundamental right to get education. They said Shahdara was surrounded by areas and towns like Lahore, Gujranwala, Gujrat and Sialkot in which industries were established and hence it was necessary that these institutions be not shifted.
The law office however opposing the petition contended that shifting of the institutions does not infringe Article 25 of the Constitution as the right guaranteed therein does not include education at a particular institution. He further stated that shifting of the institutions was a policy decision of the government which is not justifiable. He said the government had consulted with the stakeholders and that the CM Punjab retained necessary powers under rules and business to assign any matter or subject from one department to another department. The court after hearing all the parties at length allowed the petition.