Court can't allow creation of 'no-go areas': CJ

LAHORE - Chief Justice of Pakistan Iftikhar Muhammad Chaudhry Monday remarked that Pakistan belongs to 'commoners' who gave innumerable sacrifices for its creation and the privileged class could not be allowed to trample their rights for the sake of its own facilities. Presiding over a Full Bench of the Supreme Court with Justice Jawwad S Khawaja and Justice Khalilur Rehman Ramday as its members, the Chief Justice said commoners had big rights which would not be violated. The court was hearing the appeal moved by the Defence Housing Authority (DHA) to agitate the right to exclusively use the roads and the thoroughfares within its one lakh kanals territorial limits to the effect of blocking the passage of other adjoining the residential societies. During the course of proceedings, the Chief Justice said courts couldn't allow creation of 'no-go areas' in the country under the guise of authorities and societies. And if that allowed to happen, then everyone would claim its sovereign right on the area inviting a serious chaos in the country, supplemented Justice Ramday illustrating that if that was allowed next day Model Town and other societies would block the passage of others making claiming sovereign right. The Court wanted the DHA to sit with other stakeholders and evolve some formula for joint use of the DHA roads and passages and allowed the authority to even charge toll or any kind of fees from the commuters for this purpose. Otherwise likelihood was there for opening of the Pandora's Box entailing serious consequences, he added. Counsel for DHA Maqbool Sadiq said they had paid dues for the land which had been developed keeping the original passages intact. He said it was right of the authority to take steps for its security in view of the existing law and order situation. The court, however, said law and order although was a problem for which measures could be adopted but this plea could not be used crushing the public rights. It said roads and passages determined in the revenue record of land couldn't be taken away. In order to ascertain about the layout of the passages in the original official documents, the court directed the Collector, Board of Revenue (BoR) to come up today (Tuesday) with the relevant record and also required the counsel to produce tomorrow the instrument penned to determine terms and conditions of converting this limited company into an authority so that it could be known whether its validly came into existence through an Chief Executive Order in 2002 or it was governed by Ordinance of 1999. Justice Jawwad said DHA people use cantonment and LDA roads, the government land for sewerage, and flow of water while electricity is provided to it through the government poles planted on public land and built with public money. "In this situation how can the authority deprive the public of the passage through its area", he posed a query. Justice Jawwad lamented that previously the authority had closed a passage forcing LUMS to remain closed for three days. He said in the original plan of the area not less than 15 villages existed in the DHA and if original status of roads and passages was restored many costly buildings would go down and the passages might also be created through the famous golf course of DHA. The court will further the matter today (Tuesday).

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