Order Sheet

IN THE HIGH COURT OF SINDH KARACHI

Constitutional Petition No. D – 6183 of 2015

Date	Order with signature of Judge

                                                                                Before :

                                                                                Mr. Justice Nadeem Akhtar

                                                                                Mr. Justice Fahim Ahmed Siddiqui

Hearing / Priority :

1. For hearing of Misc. No.30878/2015 (Stay) :

2. For hearing of Main Case :

16.02.2017 :     Mr. Ayaz Hussain advocate, holding brief for

   Raja Mir Muhammad, advocate for the petitioner.

                           Chaudhry Arif, advocate for respondents 2 and 3.

                           Mirza Saleem Akhtar, advocate for respondents 4 and 5.

                           Mr. Asadullah Lashari, State Counsel.

                           Respondents 6 and 7 called absent.

…………

NADEEM AKHTAR, J. – Through this petition, the petitioner has prayed inter alia that the respondents be restrained from erecting / affixing any signboard, billboard or advertisement on any of the three green belts illegally allotted by respondent No.4 to private respondents 6 and 7 ; official respondents be directed to remove all the illegal signboards, billboards and advertisements from the said three green belts ; the illegal allotment of the said green belts made by the official respondents in favour of private respondents in violation of the law, rules and regulations be cancelled ; and, official respondents be directed to implement and comply with the directives of the Hon’ble Supreme Court. It is alleged by the petitioner that the subject green belts in Clifton Town have been illegally allotted by the official respondents to private respondents 6 and 7 for a period of ten (10) years in gross violation of the prevailing law, rules and regulations.

            Learned counsel for the petitioner and official respondents request that this petition may be disposed of in terms of the order passed on 05.05.2016 by the Hon’ble Supreme Court on CMA No.209-K of 2014 in C.P. No.152-K of 2014 and CMA Nos.657 to 660-K of 2015 and CMA No.869-K of 2015 in CMA No.209-K of 2014, copy whereof has been placed on record. In paragraphs 5 and 6 of the aforesaid order, it has been specifically ordered by the Hon’ble Supreme Court as under :

“ 5. As a first step, we are of the considered view that no Billboard or Hoarding can be permitted to be installed on any public property as defined in the preceding paragraph by any authority under the garb of by-laws which militate the civil rights of the public at large. Therefore, all the concerned authorities are directed to immediately remove all the Billboards / Hoardings installed without permission within their jurisdiction within 15 days from today and report compliance.

   6. The Billboards / Hoardings which have been installed in the public properties under any license or lease shall be uprooted by 30^th June, 2016 by the concerned advertising agencies which own that poles or displaying materials or by the contractors if they own such material or by the authorities with whose permission the Billboards or Hoardings have been installed. In the intervening period, no permission shall be granted by any of the authority in Karachi to install the Billboard / Hoarding on any portion of public place / property as clarified hereinabove.”

            No one is present on behalf of private respondents 6 and 7 to assist the Court although they were duly served as per the bailiff’s report dated 27.10.2015.

We agree with the learned counsel for the petitioner and official respondents. Learned counsel for respondents 2 to 5 state that most of the signboards, billboards and advertisements have already been removed from the subject green belts in compliance of the order of the Hon’ble Supreme Court. Admittedly, the subject green belts are public properties. Therefore, in view of the above order passed by the Hon’ble Supreme Court, no signboard, billboard and or advertisement can be allowed on the said green belts. It may be noted that private respondents 6 and 7 are advertising and media concerns. As such, the purported allotment of subject green belts / public properties for the purposes of advertisements etc. has become illegal in any event in view of the aforesaid order of the Hon’ble Supreme Court. Accordingly, all the official respondents are jointly and severally directed to ensure that all signboards, billboards and advertisements are removed forthwith from the subject green belts and in future not to allow the same thereon.

Regarding the impugned allotment, we are of the considered view that a public property meant for the use and enjoyment of general public cannot be leased to any private or third party nor can any type of third party interest be created therein ; and, the Government, the relevant municipal authority and all their functionaries are duty-bound to keep the public property free from all types of encroachments and claims. The impugned allotment of the subject green belts is, therefore, declared as illegal. In case the subject green belts are still in possession of the private respondents or any third party, the same shall be resumed forthwith by the official respondents. The petition and listed application are allowed in the above terms with no order as to costs.

     J U D G E

J U D G E