ALI AKBAR QURESHI, J.---During the proceedings of this petition, it is found after collecting the reports of different departments, that the Mall Road, Lahore, which was one of the finest roads of Lahore and people use to come for walk, is in a miserable condition. Heavy billboards installed by different companies have eclipsed the beauty of the old buildings which otherwise are protected under different laws. The billboards/signboards were thousands in number and it was very difficult to remove all the huge signboards but in order to save and preserve the beautiful old buildings facing to Mall Road, the Mall Road was declared as "Model Road".
2. Since the Mall Road, Lahore (Shahrah-e-Quaid-e-Azam Road) is being maintained by Metropolitan Corporation, Lahore and administered by the District Administration, therefore, the Lord Mayor, Lahore, Chief Officer, Metropolitan Corporation, Lahore and Deputy Commissioner, Lahore were summoned and task was given to them to remove the billboards and restore the original beauty of the buildings facing to Mall Road, Lahore.
3. In this respect, Capt. (R) Anwar-ul-Haq, the then Deputy Commissioner, Lahore, and Safdar Virk, the then Assistant Commissioner, Lahore City were given the task to rehabilitate the Mall Road by removing the billboards with the assistance of Mr. Mehmood Masud Tamana, Chief Officer, Muhammad Ashraf, Town Planner, Zubair Watto, Municipal Officer (Regulations) and Zahid Karim, Municipal Officer (Implementation), Metropolitan Corporation, Lahore. The operation to remove the billboards/signboards from the Mall Road, Lahore and the Hall Road, Lahore was started under the order of this Court and the same was completed successfully by the grace of Allah Almighty within shortest possible period.
4. It would be pertinent to mention here, that the people, in the first instance, resisted but subsequently, having no option, agreed to remove the same.
5. Since the Mall Road has been declared a Model Road, therefore, it was also decided to restore the original beauty/shape of the buildings existed on both side of the Mall Road, Lahore particularly starting from Cheering Cross (Punjab Assembly) to Post Master General Office. The Metropolitan Corporation, Lahore was given the task to instruct the building owners to repair their buildings, if necessary, and start the paint work. It was also directed, that if anyone refuses to comply with the order i,e, repair of building and paint work, the work shall be completed by the Metropolitan Corporation at the cost and risk of the owner of the building and the expenses shall be recovered from them in accordance with law.
6. Mr. Mehmood Masud Tamana along with his team members, started repair and supervise paint work day and night. Much of time of the team wasted to persuade and convince the shopkeepers that it is in their benefit. The team consisted upon District Administration and Metropolitan Corporation after hectic efforts submitted a report which states, that 83 buildings are existed on both sides of the Mall Road, Lahore and the paint work of all the buildings has been completed.
Illumination lights were also installed at the aforesaid buildings to show the beauty of the buildings in night. During these proceedings it was also found, that there are more than 70 plazas which have been constructed without getting approval of the building plan from the Metropolitan Corporation.
To resolve this continuous irregularity, the owners of the plazas were directed to approach the Metropolitan Corporation for the approval of their plans in accordance with law. As reported by Mr. Mehmood Masud Tamana, Chief Officer, Metropolitan Corporation, Lahore, most of the owners of the plazas have approached Metropolitan Corporation to regularize their building plans and the same will be regularized if compoundable, and the same is in process.
7. In order to streamline the function, many encroachments were removed and demolished existed on the Mall Road and Hall Road. The billboards/signboards installed at Mall Road, Hall Road were also removed and the building owners were also directed to complete the paint work.
8. To more beautify the Mall Road, Lahore (Model Road), about 500 plants have been planted and about 50 benches have also been placed at different locations by the P.H.A., Lahore. To keep the Mall Road clean, a drive has started and shopkeepers/building owners have been directed to put their garbage in the dustbins in front of their shops/buildings and in case of non-compliance, heavy fine will be, imposed. The Deputy Commissioner, Lahore reported, that about five lac rupees have been collected on account of fine. Even the fine was collected from the passerby who threw the garbage on the road.
9. For a Model Road, it was not sufficient to remove the billboards/signboards, to remove the encroachments and start the paint work on the buildings of Mall Road, Lahore, therefore it was also felt that the traffic police be directed to implement the traffic rules in stricto sensu for the smooth flow of traffic.
10. I personally visited the Punjab Safe Cities. Authority (PSCA), established under an enactment.
The work done by the PSCA is state-of art and while watching the control room, it was difficult to believe whether I am sitting in Pakistan or in a most developed country. The officers/officials from the control room were controlling almost all the activities of the city including traffic, accidents, and other criminal activities. The lawyers and the Judges must visit the PSCA Control Room to understand that how the important evidence is being saved by the PSCA. They have not only established the Punjab Safe Cities Authority after putting great effort and day and night labour but also trying to bring up their baby at the highest level to compete with any other most developed country. Mr. Ali Aamar, Managing Director and Akbar Nasir Khan, Chief Operating Officer, who are founders of PSCA, and the administration of the aforesaid authority deserve a great appreciation.
During the visit, it was inquired, that whether the authority is in a position to start e-challan system in Lahore, Ali Amir, the Managing Director of PSCA, happily submitted, that everything is ready and if this Court passes an order, the same will be functional. After few days, an order was passed and the PSCA started e-challan system. It has been observed and also reported by the different quarters, that now e-challan is being sent at the home address of the violator, including motorbikes and motorcars, which are also being paid by them in the different banks.
11. It was reported by Capt. (R) Liaqat Ali Malik, Chief Traffic Officer, Lahore, that if 100 accidents are happened, out of which 70 are motorcyclists and mostly causalities are because of head injuries.
Keeping in view this state of affairs, a direction was given to the CTO to strictly implement the wearing of helmets by the motorcyclists. Firstly, some time was given and awareness campaign was also launched but all in vain, therefore, lastly, it was decided, that no person will be allowed to approach the Mall Road, Lahore (Model Road) without wearing the helmet. Subsequently, it was ordered, that no motorcyclist will ply the motorbike without wearing the helmet.
12. Because of the aforesaid orders, different hospitals, including General Hospital, Jinnah Hospital, Mayo Hospital, reported, that after the order of this Court and because of wearing the helmets by the motorcyclists, there is considerable decrease in head injuries emergency cases reported to the hospitals due to accidents. At this stage, it would not be fair to appreciate the efforts and personal interest of Capt. (R) Liaqat Ali Malik, Chief Traffic Officer, Lahore, who personally approaches to the motorbike riders, tried to convince them to wear helmet and when no positive response was given by the public at large, he by using his authority, lawfully forced them to abide by law and finally succeeded motorcyclists presently, 99% motorcyclists are wearing helmets.
13. Presently, it has also been ordered, that e-challan of motorcyclists not wearing helmets and violating other traffic rules, be also started and the e-challan be sent to the home address of the violator. Today, it is also ordered, that the petrol pumps shall not fill in the petrol tanks of the motorcyclists who have not worn the helmets and in case any owner of the filling station is found to provide the petrol to those motorcyclist, the petrol pump will be sealed and heavy fine will be imposed. It has also been reported, that some of the petrol pumps are providing helmets for few minutes i,e, during pouring the petrol, just to flout the order of this Court, therefore, in case if any owner of petrol pump is found doing this, he will be dealt with iron hands of law.
14. It would not be fair not to appreciate the efforts made by government officers of different departments to make the Mall Road, Lahore as "Model Road". Mehmood Masud Tamana, Chief Officer, Muhammad Ashraf, Town Planner, Zubair Watto Municipal Officer. (Regulations) and Zahid Kareem, Municipal Officer (Implementation), Metropolitan Corporation, Lahore worked day and night and whenever they were asked to complete the job within stipulated time, they always succeeded. Mehmood Masud Tainana, Chief Officer, not only supervised the repair and paint work of the buildings but also along with his team, personally visited each and every shop/building and included the shopkeepers whose plazas/shops was not commercialized/regularized and without approved plan into the net and a sufficient time was given to them to approach the Municipal Corporation for this purpose. The Lord Mayor, Lahore also remained in touch with the team and his keen interest to implement the orders of this Court is appreciable. The machinery to remove the encroachments was also provided by the Metropolitan Corporation.
15. Sumair Ahmad Syed and Capt. (R) Anwar-ul-Haq, the then Deputy Commissioners, Lahore and Safdar Virk, the then Assistant Commissioner, Lahore City were assigned the duty to remove the encroachments existed on Mall Road, Lahore and Hall Road, Lahore. Safdar Virk, A.C. Lahore City, under the supervision of the Deputy Commissioner, diligently put his all efforts to remove the encroachments and sometime, the operation continued during night till morning. All the billboards/signboards including the other encroachments were removed by Safdar Virk, along with afore-mentioned team of Metropolitan Corporation, Lahore.
16. It is pertinent to observe here that Safdar Virk along with team. of Metropolitan Corporation bravely faced the criticism and resistance of the encroachers but finally succeeded. The efforts made by the Deputy Commissioners, Assistant Commissioner and team of Metropolitan Corporation are highly appreciable.
17. Mr. Mobeen-ud-Din Qazi, Advocate for the Al-Faisal Plaza (Chaman Ice Cream etc.) submits, that the said plaza was sealed by the Metropolitan Corporation, Lahore and requests, that the same be de-sealed. Metropolitan Corporation, Lahore is directed to de-seal the Al-Faisal Plaza in the light of order dated 18.12.2018, passed by this Court regarding de-sealing of other plazas/shops.
18. Since the orders passed by this Court are to be complied with by different departments, therefore, following the principle of continuing mandamus, this writ petition will be kept pending.
19. As the connected .cases are being dealt with by my learned brother Shahid Waheed, J., therefore, it would be appropriate, that this case be also heard by the said learned Bench. Office is directed to do the needful after soliciting necessary instructions from the Hon'ble Chief Justice, and fix the case on 17.01.2019.
C.M. No, 27/2018
20. Notice for 15.01.2019.
C.M. No, 28/2018
21. Dispensation sought for is allowed subject to all just and legal exceptions. C.M. stands disposed of.
C.M. No, 29/2018
22. Learned counsel for the applicant submits, that the shop of the applicant was sealed by the Metropolitan Corporation, Lahore and requests, that the same be de-sealed. Further submits, that the applicant a is ready to comply with the order dated 18.12.2018, passed by this Court.
23. Notice for 15.01.2019. Meanwhile, Metropolitan Corporation, Lahore is directed to de-seal the shop of the applicant in the light of order, dated 18.12.2018, passed by this Court regarding de-sealing of other plazas/shops.