| Case ID |
21196f06-97b4-4aad-a64b-feb415628ca8 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 1054/L of 2 |
| Decision Date |
May 02, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal, upholding the decision of the Lahore High Court which had restored the trial court's decree in favor of the plaintiffs. The court emphasized that the right of property owners abutting public roads includes the right to unobstructed access. The Municipal Committee's actions in allowing illegal encroachments were condemned, highlighting the importance of maintaining public thoroughfares for the benefit of both property owners and the general public. The court found that the encroachments had diminished the value of the plaintiffs' property and caused inconvenience to the public, leading to the conclusion that the petitioners failed to justify their actions under the Municipal Administration Ordinance. |
| Summary |
This case revolves around the dispute regarding the encroachment of Khokhas (kiosks) by the Municipal Committee in front of the property owned by the plaintiffs, Mirza Ghulam Sarwar and others. The plaintiffs argued their right to use the frontage of their building was being violated by these illegal structures. The Supreme Court of Pakistan examined the rights of property owners adjacent to public roads, reaffirming that such owners have the right to seek relief from the court to protect their access to their properties. The court dismissed the Municipal Committee's justification for allowing the kiosks and noted that the actions of the committee not only hindered the plaintiffs' access but also affected public use of the road. The decision emphasizes the need for adherence to property rights and the rule of law, particularly concerning municipal regulations. This case is significant for property law, municipal administration, and public access rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
MUNICIPAL COMMITTEE, TOBA TEK SINGH,
Mirza GHULAM SARWAR
|
| Judges |
TANVIR AHMED KHAN,
KHALIL-UR-REHMAN RAMDAY
|
| Lawyers |
Ch. Atta Ullah, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners,
Muhammad Amin Javed, Advocate Supreme Court,
Mahmudul Islam, Advocate-on-Record for Respondents
|
| Petitioners |
MUNICIPAL COMMITTEE, TOBA TEK SINGH through Tehsil Nazim and others
|
| Respondents |
Mirza GHULAM SARWAR and others
|
| Citations |
2003 SLD 624,
2003 SCMR 1341
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Municipal Administration Ordinance, 1960,
Specific Relief Act, 1877,
Constitution of Pakistan, 1973
|
| Sections |
83,
42,
185(3)
|