LHC hints at action against illegal govt buildings

[Lahore_Real_Estate]

Friday, March 26, 2010
By Our Correspondent

LAHORE

A full bench of the Lahore High Court on Thursday observed if the illegal buildings of private persons could be demolished, why illegal structures erected by the government not meet the same fate.

The bench, comprising of Justice Ijaz Ahmed Chaudhry, Justice Iftikhar Hussain Ch, Justice Sh Azmat Saeed, Justice Umar Ata Bandial and Justice Iqbal Hameedur Rehman, made these observations while hearing a petition challenging the construction of IMAX theatre at Doongi Ground, Mini Market, Gulberg.

During the previous hearing, the Punjab government had also moved an application seeking permission to set up public library, gym and a bowling alley on the site of multi-million IMAX Theatre.

During the proceedings on Thursday, the counsel of the Punjab government, Salman Akram, advanced the arguments that Doongi Ground was an open space meant for public utility and the government would use only 18 per cent portion to set up library and other facilities.

The court asked the counsel. The bench asked the counsel to take a clear stand on the issue, making it clear if the construction on the ground by the previous government was legal or not. The bench observed if the illegal constructions by private persons could be demolished why the government illegal construction would not meet the same fate.

Petitioner counsel Azhar Siddique said that the construction of theatre was illegal. He said he would prove that it was a public ground, which was converted into a theatre. In 2006, a Karachi-based NGO Shehri-CBE (Citizens for Better Environment), journalist Ardshir Cowasji and 11 residents of the area had moved a petition against the theatre.

The petitionersí counsel had submitted that the project was illegal and no objection certificate had been obtained from the Environmental Protection Agency.

The petitioners had also challenged the transfer of the land of Doongi Ground from the LDA to the PHA and then to the Punjab Entertainment Company submitting that the whole process was flawed and done in flagrant violation of the law.

It was submitted that billions of rupees of the public exchequer were involved in the project and the company had already spent millions only on digging of the ground.

The money was officially released to the company in violation of the law, the petition added. On August 8, 2006, a single bench of the LHC, consisting of Justice Saeed Akhtar, now retired, stopped the provincial government and the Punjab Entertainment Company (PEC) from continuing the construction of the Cineplex.

The stay order was vacated on March 9 by the LHC division bench and work was resumed. However, the petitioners moved another petition in the SC, which had stopped the work again and referred the case to LHC.