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1994 MLD 589

AKHTAR ALI and others vs MUNICIPAL COMMITTEE, MANDI BAHAUDDIN

Citation1994 MLD 589
CourtLahore High Court
Case No.Writ Petition No,12293 of 1992
Date1992-12-23
Judge(s)Tanvir Ahmed Khan
ResultPetition dismissed

ORDER

1. ' Petitioners, who are petty shop-keepers, have filed this Constitutional petition voicing grievance that the respondent-Municipal Committee, Mandi ' Baha-ud-Din, without adhering to the provisions of law/rules is illegally demolishing the structure raised by them on the land belonging to the Provincial Government. It has been stated that no notice as required under section 121, read with section 174 of the Punjab Local Government Ordinance, 1979 was ever issued to the petitioners. But in spite of the same the respondent- Committee is bent upon to throw them on the roadside and deprive them of their livelihood.

2. Further, argument has been advanced that the construction raised does not come within the purview of encroachment because the same was raised with the consent of the respondent 30 years earlier and since then regular Tehbazari is being paid.

3. ' I have given my anxious consideration to the contentions raised by the learned counsel for the petitioners. The matter involves disputed question of facts which I am afraid cannot be undertaken in the exercise of Constitutional jurisdiction. The petitioners may, if so advised, avail other remedy provided to them under the law. This non-interference in the matter in the exercise of Constitutional jurisdiction would of course not absolve the respondent-Municipal Committee to deal in this matter strictly within the four corners of law. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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