1. ' M. L. SHAHANI, J.--Petitioner in this case is a social worker and resident of Sehwan is citizen of Pakistan and he wrote a letter to the Honourable Chief Justice Sindh High Court on 22nd March, 1994, complaining that Community Centre has been converted into commercial venture by the District Administration which is illegal and the Community Centre may be restored for the same purpose for which it was built. Honourable Chief Justice directed to call for report from the Deputy Commissioner, Dadu. Deputy Commissioner Dadu vide letter, dated 28th May, 1994 communicated the reply and comments. The comments of Deputy Commissioner are based upon the report of Assistant Commissioner, Sehwan. District Council Dadu also filed their comments through their Administrator. The communication/letter of the petitioner, dated 22nd March, 1994 was converted into petition, the same was admitted on 13-9-1994 and fixed for regular hearing. Prior to the admission the parties were heard and they as stated above filed their comments. This petition was taken up for regular hearing today.
2. ' The contention of the learned counsel Mr.Ghulam Hyder Lakho for the petitioner is that in our country there is Government by laws and not by men. To be dealt in accordance with law is inalienable right of every citizen and equally to obey the law is fundamental obligation of every citizen. In other words the command of the Constitution as it emerges from Articles 4 and 5 is that every action so taken by any Authority or for that matter State must have sanction of law.
3. According to him District Council is a person under Article 199 of the Constitution and State in terms of Article 7 of the Constitution. The action of District Council, Dadu, converting the Community Centre as money-making venture is not backed by any law or under any delegated powers given under any Legislature or for that matter under any resolution that may have been passed by the District Council. Even otherwise even if any resolution which may have been in field must be backed by the authority of law. According to him there is no room of any despot under the Constitutional scheme, even though he may have high ideals and may be benevolent as such. The Administrator or Chairman may have acted with best intentions, yet since the action is not sustainable in law, the said action of converting the Community Centre into hotel and leasing it subsequently is not only illegal but also without lawful authority, as the District Council, Dadu has gone outside its jurisdiction and has not dealt with the matter according to law.
4. ' Learned counsel Mr. Ali Ahmed Qureshi appearing for the respondent District Council Dadu contended that since the said Community Centre was never put to the use for which it was constructed, therefore, by using the said Centre for commercial purposes, does not offend any law.
5. The learned Additional Advocate-General supported him as the District administration through Deputy Commissioner, Dadu has supported such stand. Mr.Qureshi learned counsel and the Additional Advocate-General were specifically asked as to whether any law, rule, bye-law or resolution (which may be backed by legislation, including delegated legislation) was in the field to support the action of District Council, Dadu to which both the learned counsel conceded that there is none. '
6. ' We are not unmindful of the fact that of late certain civic agencies who are created to serve the people instead of serving them, they serve their own unwarranted interests thereby creating hurdles for the citizens. The example of converting Community Centre into commercial venture which we are dealing in this petition is only a tip of iceburg. Oliver Goldsmith centuries ago warned English people (and through them to the world at large) against such tendencies in his celebrated work. "Deserted Village", and he cautioned as follows: "Ill facts the land to hastening ills a prey, where wealth accumulates and men decay."
7. For the petition in the public interest litigation in order to succeed it must be shown that the action is not based on any law and it is illegal exercise of authority, and that such an action is detrimental to the society at large. We find that the above ingredients are available. In a case reported as Abida Rashid v. The Secretary and others PLD 1995 Karachi 587 it has been held that "... ...It is trite law that power vested in an authority should only be exercised by that authority, in default whereof, the exercise of the power and authority becomes without jurisdiction, illegal, void ab initio and of no legal effect. The term "without jurisdiction" has been judicially interpreted to include usurpation of power unwarranted by law. The Chief Settlement Commissioner, Lahore v. Raja Muhammad Fazil Khan and others PLD 1975 SC 331 at p.339; an act done which the person doing it has no jurisdiction at all to do or which was clearly outside the sphere of his activities The State v. Zia-ur-Rehman PLD 1973 SC 49; and a judgment or order delivered by a Court or a judicial or quasi-judicial authority not competent to deliver it Muhammad Saleh and another v. Messrs United Grain and Fodder Agencies PLD 1964 SC 97. The Constitutional jurisdiction can thus be exercised when it is shown that the order is passed without jurisdiction or in excess of jurisdiction... ...".
8. The object of writ jurisdiction is to do complete justice between the parties. We are not unmindful of the fact that third party interests may suffer by our such declaration. It is, therefore, directed that if third party interests are created they must be amicably solved in lawful manner (such as compromise or compensation for unused period of contract). Respondent District Council, Dadu who were aware of this litigation created such third party rights during the pendency of this case which is deliberately done and equity would require that they must suffer for such illegality.
9. ' Since the action of respondents converting Community Centre into commercial venture is not backed by any law, it is declared to be illegal and without any lawful authority, and writ is issued to convert the Community Centre for the purpose as it was so constructed and to be put it to use for community at large and such schemes as may be beneficial to the public be introduced by Authorities/Administration for the use of the Community Centre.
10. ' For all these reasons after hearing the parties in the open Court we passed a short order allowing this petition. Since the petition involves interpretation of Constitution the parties shall bear their own costs.