LAHORE - The Lahore High Court yesterday allowed the Royal Palm Gold & Country Club’s management to keep giving its services without disturbing possession of Pakistan Railways.
The court also constituted a committee to look into the financial matters of the club’s day to day affairs and to pay salaries to the employees of the club before Eid.
Justice Shams Mahmood Mirza heard the case and issued notices to Minister for Railways Kh Saad Rafiq, Secretary and Inspector General of Pakistan Railways to explain their position on the next hearing.
In a four-page verdict, the judge directed Pakistan Railways to immediately allow Mainland Husnain Pakistan Limited, a private company running the club for last 15 years, to restore sporting facilities and other services at the club.
The judge directed the committee constituted to look into financial matters to take decisions by majority vote.
Earlier, the PR counsel told the judge that they did not violated any law to take back the possession of the club. He relied on Section 5 of the Central government lands and Buildings (Recovery of Possession) Ordinance, 1965 to contend that the said provision empowered Pakistan Railways to posses the club.
Nevertheless, the counsel said that the employees of the club would be taken back and that soon after Eid holidays, the club and its golf and sporting facilities would be opened for its members. He further said that wedding and other functions would be allowed as per the prior engagements and booking.
However, the petitioner’s counsel contended that the Pakistan Railways occupied the club illegally. According to the counsel, around 400 hooligans entered the club at 4:30 am on June 24, 2016, tortured the security guards posted there, and occupied the club.
The counsel, Barrister Zafar said that it was totally unlawful as no due process or any permission from the court was taken to evict the petitioner from the club. He said the officials of railways looted, plundered and destroyed the valuables and equipment as there was no one who could stop them.
Zafar told the court that railways minister supervised the operation due to which the local police were also unable to help. The counsel added that the club was being run since 2001 under a valid lease and operation agreement between Royal Palm and Pakistan Railways which was known as “Implementation Agreement July 26, 2001”.
The railways authorities violated the agreement which caused huge loss to the club, he further maintained. “The petitioner cannot be forced to leave the club without following a proper and due process in and by a court of law,” he held and said the PR committed violation of Article 4 and 10 A of the Constitution.
He told the court that Royal Palm had invested huge amounts of money but now more than 3000 members and thousands of employees were not being allowed inside the club at the behest of the government.
He quoted before the court a stay order of a civil court regarding the possession of the club which was flouted by the railways authorities. Barrister Zafar said the imported grass of the club was being damaged badly by the personnel of Pakistan railways and employees were also required to be paid well before the Eid.
The court would resume hearing on September 1, 2016.