1883/2017 Const. P. M/s Sultan Mehmood & Co. (Petitioner) V/S Cantonment Board Clifton & another (Respondent)
Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar(Author)
1883/2017 Const. P. M/s Sultan Mehmood & Co. (Petitioner) V/S Cantonment Board Clifton & another (Respondent) Sindh High Court
Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar(Author) Order Date: 28-MAR-17
It is now well-settled that use of an amenity / public property by the public for enjoyment of life is covered by the word life employed in Article 9 of the Constitution ; such right to enter into and use the amenity / public property without any obstacle is a fundamental right as enshrined in Article 26 read with Article 9 of the Constitution ; liberty and right of a person to have access to amenity / public property or to utilize and enjoy the same cannot be taken away by converting such amenity into a commercial one for the purpose of extending benefit to a third person ; any violation in respect of rights relating to the access, use or enjoyment of amenity / public property or change in the use thereof, whether temporary or permanent, by any individual, government, functionary or agency is illegal ; amenity / public property cannot be used for any other purpose than for which it was carved out, earmarked or reserved. Advocates: Qutab-ud-Din Saim(ADVO-9414-SBC-KHI),Advocate General Sindh(ADVO-GEN-SBC-KHI)