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Petitions against encroachments in name of security

Cellular company stopped from encroaching upon footpath, road

* Notice issued to South African High Commission against illegal construction of security wall

ISLAMABAD: The civil courts on Wednesday stopped a cellular company from encroaching upon footpath and road and issued a notice to South African High Commission against construction of security wall on public property.

Complainants Ali Abbas, Rukhshanda Younus, Abid Ali Khan, Zahiz Ayub Rathore, Affan Ehsan and Muhammad Basharat Khan in a petition filed with the court of Civil Judge Mehmood Haroon Khan have made six parties as defendants including South Africa High Commission through its high commissioner (HC), owner of House No 48, F-8/2, Capital Development Authority (CDA) through its chairman, Ministry of Foreign Affaires through its Secretary, Ministry of Interior through its secretary and Islamabad Capital Territory (ICT) administration through chief commissioner. The plaintiffs in the petition quoted the decisions of apex courts and in light of those decisions prayed to the court to take a necessary action against violation of fundamental rights through encroachments.

In another petition Abid Ali Khan Yousufzai, a resident of house No 12, street 102 sector, I-8/4 and Ali Abbas, chamber No 3 Allama Iqbal Block F-8 Markaz have filed a petition in the court of civil judge Irfan Naseem Tarar against encroachments by a cellular company.

They made four parties as respondents including a cellular company, Security and Exchange Commission of Pakistan through its chairman, CDA through its chairman and ICT administration through chief commissioner.

The plaintiffs contended that the company had no right to encroach public property, as it was against the public rights and prayed to the court to declare the concrete blocks placed on the road illegal and without lawful authority and instruct the company and other parties to remove the blocks from the road as well as from the footpath and restrict the company to further encroach in future. The civil judge has restrained the company from placing the concrete blocks on the road while hearing the application U/O 39 Rule 1&2 CPC. On the other hand Civil Judge Mehmood Haroon Khan has issued a notice to South African High Commission through high commissioner and other parties to submit their reply against the allegations.

Daily Times

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