The Lahore High Court (LHC) on Monday sought a report and para wise comments from the Punjab government, Lahore Development Authority (LDA) and others on a petition challenging construction of the Liberty Park & Ride Plaza and closure of pubic roads due to the plaza’s construction. Justice Sheikh Azmat Saeed directed the respondents to file the comments within two weeks and observed that it appeared the plan of the plaza was implemented by officers concerned while sitting in air-conditioned offices.
The petition was filed by six shops owners of the Liberty Market, through their counsel Azhar Siddique, submitting that the transfer of open space to the LDA for constructing the plaza was illegal, based on mala fide, unreasonable and in violation of the fundamental rights mentioned in the constitution.
The petitioners said that the land was an open space and owned by the Park and Horticulture Authority (PHA), which was illegally transferred to the LDA for construction of the plaza.
They said that shops were constructed in the plaza for doing business, which was badly affecting their business. The petitioners requested the court to declare that the open space was still in ownership and control of the PHA and all subsequent transactions or transfers of it by any authority were without any legal jurisdiction and had to be treated as nullities in law.
They also challenged the closure of roads to facilitate the plaza by installing small poles and chains and erecting huge plants. Siddique referred to a LHC judgment reported as PLD 2004 and argued that establishment of a food street at the Mall, Lahore on public streets was without any authority. He said that the court had declared that every citizen has a right to use and travel on public streets. The public have a right over the width and length of the street and each inch of the same.
The petitioners’ counsel said that residents of the property adjacent to such a street have a right to access such streets. Nobody has the authority and jurisdiction to take back this right, the counsel said while reproducing the order and requested the court that traders, visiting customers and public at large be allowed to use the public road namely Haji Karim Bakhsh (HKB) Street and Al-Fateh Street.
