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Punjab govt warned in plaza case
06-01-2011, 12:19 PM
Post: #1
Punjab govt warned in plaza case
THE Lahore High Court on Tuesday warned the Punjab government to file a reply in the case, challenging the construction of Liberty Park & Ride Plaza and closure of pubic roads to facilitate the plaza, by next hearing otherwise the court would decide it without reply.

Justice Sheikh Azmat Saeed remarked this, as the Punjab government and Lahore Development Authority counsel sought further time to submit the reply.

The court accepted his request but warned to do the needful in any case in two weeks.

The petition was filed by six shops’ owners at Liberty Market through their counsel Muhammad Azhar Siddique.

Azhar pointed out that the case had been pending for four months while traders of the plaza were suffering difficulties in carrying out business activities, as H Karim Baksh and Al-Fateh roads had been permanently blocked by placimg huge concreter blocks.

Justice Saeed remarked that he was unable to understand why the Punjab government was taking so mach time in filing the reply.

The petitioner contended that the transfer of open space to Lahore Development Authority for the purpose of constructing the plaza was illegal. Petitioners said the land was an open space owned by the Parks and Horticulture Authority which illegally transferred to Lahore Development Authority for construction of this plaza.

They said in this plaza the shops were constructed for running the business which was badly affecting their businesses.

They requested the court to declare that the open space was still in the ownership and control of PHA and that all subsequent transactions or transfers of it by any authority were without any legal jurisdiction.

Petitioners also challenged the closure of roads to facilitate the plaza by fixing small poles and chains and planting huge plants.

Advocate Siddique referred to a judgment of the Lahore High Court reported as PLD 2004, and argued that the establishment of food street/sit-out Café at The Mall, Lahore, on public streets were without authority.

He said the court had also declared that every member of public has a right to pass and travel in public streets. Nobody has the authority and jurisdiction to even cut this right even to an inch, the counsel reproduced the order and prayed to the court that traders, visiting customers, and public at large be allowed to use the public road namely HKB Street and Al-Fateh Street. The court will resume the hearing on June 17.
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