| Case ID |
1f79ed09-2855-4671-a8dc-7679f08fb1f7 |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 432-B of 2014 |
| Decision Date |
Oct 30, 2018 |
| Hearing Date |
|
| Decision |
The Peshawar High Court ruled in favor of the petitioners, allowing the writ petition filed as public interest litigation. The Court directed the municipal authorities to demolish the illegal encroachments made in Melad Park, which had been used for purposes other than its intended recreational use, such as constructing shops and quarters. The Court emphasized that the park was a public space meant for the community, and any construction that violated its intended use was against the law. The decision reinforced the rights of the public to access and enjoy public spaces without unlawful interference. |
| Summary |
The case centers around a public interest litigation filed in the Peshawar High Court concerning the encroachment of Melad Park in Bannu City. The petitioners argued that municipal authorities had illegally constructed shops and quarters in the park, which was originally designated as a children's recreational area. The Court's decision highlighted the importance of public spaces and the community's rights to access these areas without unlawful commercial activities. The ruling mandated the demolition of the encroachments and restoration of the park's original purpose, reinforcing the principles of public interest and community welfare under the Constitution of Pakistan. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD NASIR MAHFOOZ,
JUSTICE SHAKEEL AHMAD
|
| Lawyers |
Pir Liaqat Ali Shah,
Muhammad Usman Khan,
Inam Ullah Khan Kakki,
Farooq Khan Surrani,
Bashir-ur-Rehman Burki
|
| Petitioners |
PUBLIC-AT-LARGE THROUGH MOLVI MUHIBULLAH AND OTHERS
|
| Respondents |
GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH CHIEF SECRETARY PESHAWAR AND OTHERS
|
| Citations |
2019 SLD 522,
2019 YLR 586
|
| Other Citations |
W.P. No.147 of 2013,
Ardeshir Cowasjee and 10 others v. Karachi Building Control Authority (KMC), Karachi and 4 others 1999 SCMR 2883,
Khalid Saeed v. Shamim Rizvan and others 2003 SCMR 1505,
Ghulam Habib Jadoon v. Karachi Watch and Care Society and 3 others 2004 SCMR 911,
Asadullah Mangi and others v. Pakistan International Airlines Corporation and others 2005 SCMR 445,
Cutting of Trees for Canal Widening Project, Lahore, in the matter of Suo Motu case No.25 of 2009, 2011 SCMR 1743
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|