| Case ID |
1795cf1f-f677-4638-b58d-5c1b5b8ee904 |
| Body |
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| Case Number |
Civil Appeals Nos. 427,428 and 429 of 1993 |
| Decision Date |
Feb 15, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the validity of Rule 79 under the Punjab Agricultural Produce Market (General) Rules, 1979, affirming the government's authority to establish a new market to address traffic congestion and sanitary issues in the old market. The Court determined that the restrictions imposed by Rule 79 were reasonable and aligned with the Constitution, particularly Article 18, which allows for the regulation of trade through a licensing system. The respondents' claims of having vested rights to continue their business in the old market were dismissed, as the rule was applied prospectively and did not infringe upon any constitutional rights. The decision emphasized the state's power to regulate market locations to ensure public welfare, safety, and orderly commerce, thereby rejecting the notion that the establishment of a new market was unjust or unconstitutional. |
| Summary |
In the Supreme Court of Pakistan case Civil Appeals Nos. 427,428 and 429 of 1993, decided on February 15, 1994, the Court addressed the legality of Rule 79 within the Punjab Agricultural Produce Market (General) Rules, 1979. The petitioners, including the Administrator of the Market Committee of Kasur, sought to challenge the government's decision to shift the old Sabzi Mandi to a new location due to traffic congestion and sanitary concerns. The respondents, led by Muhammad Sharif, argued that they had vested rights to continue their business in the old market. However, the Court upheld Rule 79, affirming the government's authority to establish new markets to promote public welfare and regulate agricultural trade effectively. The Court found that the restrictions imposed were reasonable under Article 18 of the Constitution of Pakistan, which permits the regulation of trade through licensing systems. The decision dismissed the respondents' claims of vested rights, stating that Rule 79 was applied prospectively and did not infringe upon any constitutional guarantees. Additionally, the Court referenced several precedents, including Khurai Municipality v. Firm Kaluram Hiralal and Jan Muhammad v. State of Gujarat, to support its ruling. The Court emphasized the importance of orderly commerce and the state's role in regulating market locations to ensure public safety and administrative efficiency. Consequently, the establishment of the new market was deemed constitutional and beneficial for the agricultural community in Kasur, addressing both practical and administrative challenges associated with the old market's location. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Punjab,
Municipal Committee,
Ejaz M. Khan,
ADMINISTRATOR, MARKET COMMITTEE, KASUR,
MUHAMMAD SHARIF,
Hamid Khan,
Law-enforcing agencies
|
| Judges |
ABDUL QADEER CHAUDHRY,
WALI MUHAMMAD KHAN
|
| Lawyers |
Hamid Khan,
Ejaz M. Khan
|
| Petitioners |
ADMINISTRATOR, MARKET COMMITTEE, KASUR and 3 others
|
| Respondents |
MUHAMMAD SHARIF and others
|
| Citations |
1994 SLD 726 = 1994 SCMR 1048
|
| Other Citations |
Khurai Municipality v. Firm Kaluram Hiralal AIR 1944 Nag. 73,
Jan Muhammad v. State of Gujarat AIR 1966 SC 385,
East and West Steamship Co. v. Pakistan PLD 1958 SC (Pak.) 41,
Leo Nebbia v. People of the State of New York (502) 291 U.S.,
M.H. Qureshi v. State of Bihar AIR 1958 SC 731,
Abdul Hakim v. State of Bihar AIR 1961 SC 448,
Pakistan Tobacco Co. Ltd. v. Employees' Union PLD 1961 SC 403,
Nabi Ahmad v. Home Secretary, Government of West Pakistan PLD 1969 SC 599,
Noon Sugar Mills Ltd. v. Market Committee PLD 1989 SC 449,
American Jurisprudence 2d, 52, p. 827,
American Jurisprudence 2nd, 16-A,
American Jurisprudence 51, p. 19,
Delhi Transport Corporation v. D.T.C. Mazdoor Congress AIR 1991 SC 101,
Shaukat Ali v. District Magistrate, Gujranwala 1987 CLC 1608
|
| Laws Involved |
Punjab Agricultural Produce Market Ordinance (XXIII of 1978),
Punjab Agricultural Produce Market (General) Rules, 1979,
Constitution of Pakistan (1973)
|
| Sections |
7,
4(3),
Rule 79,
Rule 67,
Rule 23(3),
Art. 18,
Article 19
|