The Lahore High Court (LHC), while allowing a petition against setting up of food street in front of LHC, has observed that the right to use a public street free from any encroachment is public right and this right can not be interfered and no portion of it can be let out for a commercial purpose.
The court passed these orders in a petition filed by Lawyers Foundation Trust against the setting up of food street in front of LHC.
The court further observed that the argument that café would be established only on non-motorable part of the service road, is no valid reason. Any act, order or project, which is likely to affect this public right, merits interference in the constitutional jurisdiction of this court.
The court held that the service lane inclusive of the pathway, being a public street, every member of the public has a right to pass and travel over it.
The public have a right over the whole width and length of the street and every inch of the same, the court said.
The court also held that impugned project was neither formulated nor formally approved by the local authority, as provided in the Punjab Local Government Ordinance and the rules framed thereunder.
The respondent Parks & Horticulture Authority (PHA) was authorised only to develop and control the parks as well as green belts within its jurisdiction.
This service lane is neither part of any green belt nor any park over which the PHA could lawfully allow any commercial enterprises.
The court further held that the arguments being canvassed in its defence is that a "sit out café is a world wide concept", but while doing so we have to keep in mind the objective conditions and empirical realities of our won setting. In the issue in hand we have to bear in view, the climate, the public hygiene and on top of it the locale where the project is sought to be established, the court observed.
GM PPCBLL The Lahore High Court (LHC) has directed the General Manager Punjab Provincial Cooperative Bank Limited (PPCBL) to decide the matter of the petitioners co-operative societies' farmers in the light of the Presidential relief package and submit a report to the court within three weeks.
The court passed these orders in some identical petitions filed by 25 co-operative societies of farmers through M. D. Tahir advocate praying to the court, to direct the respondents to act in accordance with the law and provide them relief as announced by the President of Pakistan.
It has been contended that the President of Pakistan has announced a relief package for their district and also directed the financial institutions to write off their loans amounting to Rs 100,000 and demand only principal amounts from the petitioners and other farmers of the area.
It has also been contended that the officials of respondent bank refused to act upon the presidential relief package and harassing and threatening them illegally.
The court, after hearing their counsel at length, accepted their petitions and directed the respondent officials to act in accordance with the relief package announced by the President and abstain from harassing the petitioners.