PERVAIZ INAYAT MALIK, J. --- The petitioner, Pakistan Veterinary Medical Association (P.V.M.A.)
(Regd.), through this, Constitutional petition assails the decision of respondents of shifting the Veterinary Hospital from the City to out city and commercial use of the State land on the grounds that it was against the Policy of the Government of the Punjab as enumerated in letter dated 2.8.1988 issued by the Board of Revenue, Punjab, Lahore. The same has been contested by the respondents by filing written reply raising as many as four preliminary objections besides denying the fact as mentioned in the petition.
2. This petition was admitted to regular hearing on 20.4.2009. .3. It is, inter alia contended that petitioner is an Organization meant for protection of rights of the cattle and live stock and that comes within the definition of aggrieved person, as members thereof would be adversely affected on account of the alleged illegal actions of the respondents; that Board of Revenue, Punjab, Lahore vide order dated 2.8.1998 leased out the State land in question for establishment of Veterinary Hospital/Centre and in categorical terms banned use of the State land for commercial/other purposes; that respondents in violation of the Policy of the Government are demolishing the existing structure for Veterinary Hospital, Lahorigate, Multan forcibly without getting approval from the Board of Revenue, Punjab, Lahore or concerned departments; that not only the same existing structure- is being demolished rather, on the contrary commercial centre/shopping plaza in the premises of the Veterinary Hospital is being constructed for improving financial position of the respondents; that as that the land in question was reserved for Veterinary Hospital 100 years ago and was in exclusive possession of the Veterinary Hospital which is in the heart of the city facilities the people for the medical treatment of their cattles as well as their pets; that about the years ago City District Government allegedly planned widening of roads and chowk at Ghanta Ghar Multan and for this purpose number of shops namely Gool Market in the centre of the Chowk has been acquired and with a view to construct a commercial plaza now the hospital is being demolished.
4. Conversely, learned . Counsel for the respondents and also the learned A.A.G. Are ,alone in submitting that petitioner has no locus standi and no vested rights nor is an aggrieved person within the purview of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, therefore, this petition is not maintainable, that this writ petition is not otherwise maintainable due to mis- joinder and non-joinder of necessary parties; that petitioner has not come before this Court with clean hand; that factual controversy is being involved in the Constitutional petition, therefore, this petition merits rejection. On merits; it is contended that Government of the Punjab as well as Local Administration with a view to save the heritage and Old Fort and Mausoleums of very famous Muslim against temples and graves of the English people are making hectic efforts to make this old city upto the World standard and that in that connection this project is also being funded by World agencies and that Veterinary Hospital has already been established outside the city; that hospital has already been established outside the city; that cattles have also been removed from inside to outside city and at present there is even not a single cattle within the city which could be treated in present hospital. The allegations have in toto been denied. It is asserted that present, hospital is recently being used for consultative purposes and a part of the building will certainly cater to the needs.
5. Arguments heard. Record perused.
6. Admittedly the disputed questions of facts have arisen, which cannot be resolved in Constitutional petition, Besides it, the policy making is the exclusive domain of the Executive and this Court can only interfere in policy matter, if those. Are found to be in violation of any law or the provisions of the Constitution, which to my mind are absent in the case in hand. Learned counsel for the petitioner has put main emphasis on letter .Of Board of Revenue, Punjab, Lahoit referred to above which is available at page 10 vide which the then District Council/Municipal Committees were restrained from including said land for the purpose other then it was reserved/leased out. This letter pertains to a period when the District Governments were not in existence. The law with the passage of time.Has developed. However, without commenting upon the merits of the case,. In view of peculiar facts and circumstances of the case, I would like to refer the matter to the Chief Secretary, Government of the Punjab, Lahore with a direction to him to look into the matter and pass appropriate order so that the controversy which has emerged, factually amongst the departments of the government is resolved.
7. Let a copy of this petition alongwith annexures be sent to the Chief Secretary, Government of the Punjab with a direction to look into the matter and pass an appropriate order in accordance with law expeditiously, of course, after hearing the parties concerned.
8. With these observations, the petition stands disposed of.. .