| Case ID |
00531088-9209-4515-905e-6e2fd383cc67 |
| Body |
View case body. Login to View |
| Case Number |
Intra-Court Appeal. No. 105 of 2010 in Writ Petiti |
| Decision Date |
Jun 10, 2010 |
| Hearing Date |
|
| Decision |
The Lahore High Court held that the public interest litigation should maintain its integrity and not devolve into personal disputes or publicity-seeking endeavors. The court emphasized that any citizen can file a petition if they can demonstrate sufficient interest, particularly when public property is involved. The court found that the actions of the Pakistan Railways in leasing land without public auction constituted a breach of public trust. It ordered the immediate retrieval of the plots from the respondent and mandated an inquiry into the actions of public functionaries involved in the lease agreements. The court reinforced the principles of transparency, accountability, and adherence to lawful procedures in the disposal of public property. |
| Summary |
The case revolves around the principles of public interest litigation as applied in the context of public property management by Pakistan Railways. The appellant, ATTA ULLAH KHAN MALIK, challenged the leasing of plots owned by Pakistan Railways, arguing that the process lacked transparency and contravened established public procurement laws. The Lahore High Court evaluated the maintainability of the petition under Article 199 of the Constitution of Pakistan, emphasizing the liberal interpretation of locus standi in public interest cases. The court's ruling underscored the necessity for public functionaries to act transparently and in the public interest, thereby enhancing the accountability of government entities. Keywords such as 'public interest litigation', 'transparency in governance', 'accountability in public service', and 'constitutional rights' are crucial for SEO optimization regarding legal case summaries. |
| Court |
Lahore High Court
|
| Entities Involved |
Pakistan Railways
|
| Judges |
SYED MANSOOR ALI SHAH,
MUHAMMAD YAWAR ALI
|
| Lawyers |
Mian Javaid Iqbal Arain,
Aamir Rehman,
Abbas Mirza,
Muhammad Raza Qureshi,
Muhammad Saeed Khawar,
Muhammad Arif
|
| Petitioners |
ATTA ULLAH KHAN MALIK
|
| Respondents |
FEDERATION OF GOVERNMENT OF PAKISTAN through President of Pakistan and 3 others
|
| Citations |
2010 SLD 293,
2010 PLD 605
|
| Other Citations |
Muhammad Tariq and Abbasi and others v. Defence Housing Authority and others 2007 CLC 1358,
Muhammad Yar v. Muhammad Tariq 2007 YLR 2430,
Moulvi Iqbal Haider v. Capital Development Authority PLD 2006 SC 394,
Javed Ibrhaim Paracha v. Federation of Pakistan and others PLD 2004 SC 482,
Khurram Khan, Advocate v. Government of Punjab through Chief Secretary and 6 others PLD 2009 Lah. 22,
Ardeshir Cowasjee and 11 others v. Sindh Province and others 2004 CLC 1353,
Ardeshir Cowasjee and 10 others v. Karachi Building Control Authority (KMC), Karachi and 4 others 1999 SCMR 2883,
Mushtaq Ali v. Government of Sindh through Chief Secretary, Sindh, New Sindh Secretariat Karachi and 11 others PLD 1998 Kar. 416,
Democratic Workers' Union C.B.A. v. State Bank of Pakistan and others 2002 PLC (CS) 614,
State v. M.D. WASA and others 2000 CLC 471,
Province of Punjab through Collector Faisalabad and 8 others v. Muhammad Yaqoob 1992 CLC 2065,
Ardeshir Cowasjee and others v. K.B.C.A. and others 2001 YLR 2403,
Maulana Abdul Haq Baloch and 2 others v. Government of Balochistan through Secretary Industries and Mineral Development, Quetta and 6 others PLD 2007 Quetta 118
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199,
19A,
25
|