' IBAD-UR-REHMAN LODHI, J.---With the concurrence of the parties, the hearing of this petition is being considered as a Pacca case.
2. Through this judgment, the instant writ petition, as well as, Writ Petition No,324 of 2013 are to be disposed of together as similar questions of law and facts are involved in both the matters.
3. The Hon'ble Supreme Court of Pakistan while converting the Civil Petitions Nos.223 and 268 of 2013 into appeals and by allowing the same remanded back the Writ Petitions Nos.184 and 324 of 2013 to this Court for decision on merits, thus, in such post-remand proceedings, the parties were heard and record has been perused.
4. The background of the controversy pending since long is that from the time immemorial in Multan City, there has been a cattle market adjacent to the Shrine of Shah Shama Tabraiz near Dolat Gate, Multan and by the passage of time, when such place became a part of almost centre of the city, it felt feasible to shift holding of such cattle market somewhere else in order to avoid the nuisance, traffic hazards, sanitation problem etc., which was started to be confronted to the inhabitants of the areas concerned and, therefore, the cattle market was shifted to an area, which was known as "village Samu Rana" in U.C.No,48, Sher Shah Town, Multan at Southern Bypass in 2006.
5. Prior to such shifting, there have been deliberations by the local administration, wherein some persons, who were known as 'Commission Agents' with regard to such cattle market also participated in the meetings held in order to consider the. Shifting or relocation of the cattle market and some private persons, including some Commission Agents were also assigned some responsibilities to arrange the purchase of land or to take some rented property on lease for holding such cattle market. After such shifting, there have been some disputes over the point of calculation of commission from sellers and purchasers of the cattle and also entry fee. By then, the Local Government felt its statutory duty to levy and collect such fee, whereas, the persons calling themselves as "Commission Agents" attained a self-styled role of collectors of such fee in their individual capacity and such controversy either had been pending before this Court or before the Government. Everywhere, however, the status of Commission Agents was never accepted as per their own wishes, of having some claim to collect, what they call the commission, fees tax or.
6. Now what has been prompted to the petitioners to raise their grievance is a public notice issued by the Administrator, TMA Sher Shah Town, Multan, on 5-1-2013, under the provisions of section 195 read with Sixth Schedule and section 49(2) of the Punjab Local Government Ordinance, 2001, intimating that for onwards use, said Town Municipal Administration has established a cattle market at Shuja Abad Road, Multan with all allied facilities and no other place will be permitted to be used as cattle market. The fee of Rs,135 per-cattle as entry fee has been introduced according to the sanctioned schedule in the newly established cattle market. However, in addition to such entry fee, no other charges are being claimed either from sellers or purchasers of cattle.
7. Precisely, grievance raised by the petitioners is that notwithstanding the establishment of new cattle market, where earlier one has been ordered to be relocated, their right to carry out the business of administrating the affairs of cattle market at village Samu Rana would remain intact and the respondent-authority viz. Local Government has no right whatsoever to cause interference into their such, what they have called "lawful business". In an indirect way, a compensation has been claimed, by the petitioners for stated damage caused to some fixtures at previous cattle market at village Samu Rana over which according to petitioners, they have invested on the asking of Local Administration in year 2006. It has further been prayed that the claim of fee by the TMA Sher Shah Town with regard to such cattle market be also declared as illegal.
8. On 2-8-2001, feeling it expedient to devolve political power and decentralize administrative and financial authority to accountable local governments for good governance, effective delivery of services and transparent decision making through institutionalized participation of the people at grass roots level, the Punjab Local Government Ordinance, 2001 was promulgated. In view of section 195 of the said Ordinance, every Local Government was empowered to perform functions conferred by or under the Ordinance and in performance of such functions was competent to exercise such powers and follow such procedures as are enumerated in the Sixth Schedule, thereof.
9. Section 49 of Sixth Schedule reads as under:- "49. Public markets and slaughter-houses--(I) A local government may provide and maintain within its town local area public markets and public slaughter-houses, in such number as it thinks fit, together with stalls, shops, sheds, pens and other buildings or conveniences for the use of persons carrying on trade or business in or frequenting such markets or slaughterhouses and may provide and maintain in any such market buildings, places, machines, weights, scales and measures for the weightment or measurement of goods sold therein.
(2) The concerned local government may at any time, by public notice either close or relocate any public market or public slaughter-house or any part thereof "
' By virtue of Section 53 of Sixth Schedule, the following provision was made:-- "53. Private markets and slaughter-houses.---(1) No place in a local area other than a public market shall be used as a market, and no place in a local area other than a public slaughter- house shall be used as a slaughterhouse, unless such place has been licensed as a market or slaughter-house, as the case may be, by the concerned local government.
(2) Nothing in sub-paragraph (1) shall be deemed to restrict the slaughter of any animals in any place on the occasion of any festival or ceremony, subject to such conditions as to prior or subsequent notice as the concerned local government with the previous sanction of the local council may, by public or special notice, impose in their behalf. "
' Section 54 of Sixth Schedule provides conditions for grant of licence for private market or slaughter-house.
10. From the above referred scheme of law, it is, thus, clear that it . Is the exclusive power of a local government either to establish or relocate any public market or public slaughter-house or any part thereof.
11. The concept of private markets is although provided in the Ordinance, but that has been made conditional with a licencing system to be issued to such interested person desirous of establishing a private market within the area of that local government and without such licence the functioning of any individual/individuals in the business of any private market is nullity in the eyes of law.
12. The petitioners, in both the petitions, have never surrendered to the jurisdiction of licencing authority i,e, Local Government by seeking permission to establish any private market, rather they only want to recognize their status of "Commission Agents" and to permit them to continue with their such illegal practice in an area, which once was being used as a public market and where according to their own claim, they have invested some amount for provision of some facilities felt necessary at the relevant time for establishment of a cattle market. In fact, what the petitioners want is a completely parallel system to that of a public market being legally run by the respondent-Local Administration and without adopting legal procedure to get licence before establishment of a private market, they intend to continue with their illegal practice under the cover of some judicial order.
13. If at any point of time, some individuals were associated in some arrangements of establishing a cattle market in public sector, either by investing some amount in purchasing/taking some property on lease or by providing some allied facilities in the cattle market once established at village Samu Rana, that would not provide any legal status to such individuals to claim that they have attained the right to collect what they have termed the "commission" from the sellers or purchasers of cattle using cattle market for such purpose. Even if, in past, any individual was associated in such like arrangements, that would not confer any right defeating the statutory provisions of law on the subject. One, who intends to involve in the business of cattle market by establishing the same in private sector, he has to undergo the licencing process as introduced in the Ordinance, without which, he has no right to establish or run a cattle market in private sector.
14. The term "commission" is alien to the scheme of law provided for the establishment of a cattle market, thug, even if one is licenced to establish and run a cattle market in private sector, the receipt of commission would again be an action having no legal sanctity and no one can competently ask for a decree of the Court in this regard.
15. The petitioners or any other individual, if have any claim, as against their stated investments either in establishing the cattle market at village Samu Rana or in providing some facilities there, they/he have/has every right to raise such claim in a Court of law, where after recording of evidence, adjudication can be made.
16. The petitioners have no vested right enforceable through the Constitutional Jurisdiction of this Court. They are asking for a relief in negation of the statutory provisions, which at no cost, can be granted.
17. For whatever has been discussed above, the petitions have no force and the same are dismissed.