Akhtar Hameed Cheema son of Abdul Hameed Cheema petitioner through this Constitutional petition under Article 199 of the Constitution prays for direct access to his petrol pump from the main road by way of a road-opening-cut.
2. The learned counsel for the petitioner contends that the respondent authorities in the garb of construction of Ring Road have acquired the land of the petitioner and while determining the compensation the potential value of the land has not been considered; that alternate land has also not been provided to the petitioner; that-construction of the petitioner's petrol pump is in progress; that the petitioner's business is at stake; adds that two petrol pumps in the name of Attock Oil Company and PSO have been given access to the G.T Road; that the petitioner's petrol pump is on the same G.T.Road, but the said access to the main road has been denied to the petitioner. Alleges discrimination. Relies on 1980 SCM R 686.
3. Conversely, this petition has been opposed by the learned counsel for the respondents on the grounds that the NOC was issued in favour of the petitioner on 15.04.2004 by the CDG, Lahore; that the petitioner claimed compensation for the land acquired and his claim has been satisfied; that the petitioner's petrol pump has direct approach to the main G.T.Road through service road; that the petitioner's petrol pump is located at the turn of curve where an Exit of an interchange meets the main G.T.Road; that the Ring Road was on the model of the Motorway where vehicles could travel at a speed of over 100 to 120 KM per hour, therefore, giving a road opening in that area would endanger life of people and result in road accidents; that other two petrol pumps are in different portion and situation as they are on the straight G.T.Road, whereas the petitioner's petrol pump is at the curve of the exit, therefore, no discrimination is being caused to the petitioner.
4. Heard and record perused. So far as the first contention of the petitioner that while acquiring the petitioner's land the potential value has not been considered and no alternate land has been provided to the petitioner is concerned the same has no force as the petitioner's claim for compensation in reference to Section 18 of the Land Acquisition Act, 1894 has been satisfied by the respondents and if the petitioner was aggrieved no further steps have been taken by the petitioner on that account, as such this plea cannot be raised in writ jurisdiction of this Court.
5. To resolve the controversy at hand this Court through order dated 29.01.2010 appointed a local commission to apprise the Court as to how many cuts/openings are provided in the vicinity to different persons engaged in the same kind of business. In compliance, Mr.Raza Qureshi Advocate/Local commission has submitted his report which is made a part of the record.
6. It is worth mentioning here that from Harbanspura to Ravi Road there are three interchanges one at Harbanspura i.e. over Lahore Canal, second at G.T.Road and the third is at Ravi Road. The petitioner's petrol pump is located at G.T. Road interchange's Exit linking the main G.T. Road at the turn or curve where Exit at interchange meets the main G.T.Road and the said G.T. Road throughout comes under the management and control of Provincial Highway Department except 700 meters short of crossing of Ring Road Bridge and 700 meters across the bridge. The said 700 meters on both sides come under the management and control of Project Management Unit, Lahore Ring Road Project. The Ring Road is built on the model of Motorway where vehicles could travel at very high speed upto 100 to 120 KM per hour, therefore, any road cut/opening at that place may result in road accidents putting in danger the life of people.
7. In case reported as Province of Punjab through Chief Secretary and another versus Samuel Bhatti and others (2009 SCM R 1034) it has been, ruled that, "Although, under Article 25 of the Constitution of Islamic Republic of Pakistan all citizens are equal before law and entitled to equal protection of law, yet the State is not prohibited to treat its citizens on the basis of reasonable classification and it is not the intention of Article 25 of the Constitution that every citizen is to be treated alike in all circumstances, however, it would be applicable, on the persons similarly placed or similarly situated." Admittedly .there is no petrol station at the three interchanges except the petitioner's petrol pump at G.T.Road interchange. The .other two petrol pumps namely PSO and Attock Oil are located on the main G.T.Road under the control of Provincial Highway Department whereas the petitioner's petrol pump is located at the turn or curve where exit at interchange meets the main G.T. Road, therefore, no case of discrimination arises in the peculiar circumstances of the instant case.
8. For what has been discussed above, this writ petition fails and is dismissed.