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High court says ‘food court’ should go
LAHORE, May 14 Justice Tasadduq Hussain Jilani of the Lahore High Court (LHC) has ordered the demolition of a ‘food court’ set up by the Parks and Horticulture Authority (PHA) on a service road in front of the LHC building.
Allowing two petitions from Begum Khurshid and the Lawyers Welfare Trust, the LHC called the ‘food court’ a public nuisance because a service road is a public street maintained by the local authorities. The court observed that a public street free of encroachment, trespass or nuisance was a public right which could not be interfered with, and no portion of it could be let out for a commercial purpose. The court observed that the argument that the ‘food street’ would only be set up at the part not used by vehicles was a travesty of the facts as there were electricity polls on both ends of the service road. The court said there was no valid reason to make a public street narrower.
The court also held that the local authority had not formally approved the project as provided in the Punjab Local Government Ordinance 2001.
The judge said no resolution of the district government had been placed on record to indicate that the project was approved. Even if the district government wanted to, it could not have done so because it would have violated the ordinance. The court observed that it could not recall such a food court on a service road in front of a superior court building anywhere in the world and it would not only cause annoyance for the residents but also for users of the service road.
An activity obstructing entry to such service lane or causing inconvenience is a nuisance, the court added.
Courtesy Daily Times |
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