2024 C L C 556
[Balochistan]
Before Naeem Akhtar Afghan, CJ and Muhammad Aamir Nawaz Rana, J
ABDUL RASHEED---- Petitioner
Versus
The SECRETARY LOCAL GOVERNMENT CIVIL SECRETARIAT, QUETTA and 4
others ----Respondents
C.P. No.1895 of 2022, decided on 9th May, 2023.
Constitution of Pakistan ---
----Arts.9 & 199--- Constitutional petition ---Life, right of ---Scope ---Playgrounds and sports
facilities ---Non -implemention of earlier decision ---Petitioner was aggrieved of failure to
provide playgrounds and sports facilities to the area of his locality---Validity ---Word "life"
used in Art. 9 of the Constitution is not restricted only to be vegetative or animal life or for that matter to mere existence from conception to death ---Life includes all such amenities and
facilities which a person born in a free country is entitled to enjoy with dignity, legally and constitutionally ---Property belonging to Metropolitan Corporation was marked by authorities
for establishing a football ground ---Project of football ground was reflected in Public Sector
Development Program (PSDP) for year 2021- 2022---Such issue could be resolved by
authorities amicably as there was no objection upon establishment of football ground---In view of such statement, subsequent excuses made by Metropolitan Corporation did not carry any weight as the Corporation was trying to frustrate orders passed by High Court by resiling from previous statement made on its behalf ---High Court directed the authorities to hand
over land in question for establishing football ground which was already approved in PSDP --
-Constitutional petition was allowed accordingly.
Watan Party v. Federation of Pakistan PLD 2012 SC 292 and Moulvi Iqbal Haider v.
Capital Development Authority PLD 2006 SC 394 rel.
Abdul Razzaq Shar for Petitioner.
Zahoor Ahmed Baloch, Assistant Advocate General for Respondents Nos.1 to 4.
Muhammad Ishaq Nasar, assised by Abdullah Khilji, Law Officer, Metropolitan
Corporation Quetta (MCQ) for Respondent No.5.
Date of hearing: 29th March, 2023.
JUDGMENT
MUHAMMAD AAMIR NAWAZ RANA, J. ----In this petition, the petitioner, in the
interest of public at large, has highlighted the importance of playgrounds and lack of sports
facilities and healthy activities in Quetta City, particularly in Sariab area, due to insufficiency of proper grounds. The petition carries the following prayer:
"In view of the above submissions made here -in-before, it is humbly prayed that in
the larger interest of justice, fair play, this Honourable Court maybe pleased to pass directions to the respondents for establishment of football ground, in the interest of justice.
Any other relief which this Honourable Court may deem fit and appropriate in the attending circumstances of the case, may also be awarded."
2. The record transpires that the petitioner had previously filed Constitution Petition
No.232/2020 before this Court on the same subject. On 09.12.2020, the following order was passed by this Court:
"The learned AAG submitted a report on behalf of the Commissioner/Project Director Quetta. Which states that a piece of land belonging to the Metropolitan Corporation at Sariab, has been identified for the establishment of football ground. The Commissioner Quetta has assured that he will contact with the Administrator Metropolitan Corporation Quetta in respect of provision of land for the establishment of football ground.
In view of statement so made by the learned AAG, the petitioner is satisfied for the time being. Thus in view of above the petition is disposed. The Commissioner Quetta and the Administrator Metropolitan Corporation Quetta should consider establishment
of football ground at the proposed site. The Commissioner Quetta should submit a report before the Registrar of this court for our perusal in chamber."
3. In the light of aforementioned order and considering the statement of the
Administrator, Metropolitan Corporation Quetta ('MCQ'), subsequently the petitioner had filed CMA No.1571/2021 in Constitution Petition No.232/2020 for implementation of the aforementioned order. On 29.06.2021, the said CMA was disposed of by this Court in the following terms:
"The Administrator, MCQ stated that the property belonging to the Corporation has been marked by the Commissioner Quetta Division, Quetta and the Project Director for Establishment of Football ground and the project has been reflected in the year PSDP of the year 2021 -22. He stated that issue would be resolved by him and the
Commissioner amicably, whereas he will have no objection upon establishment of the football ground. He, however stated that Corporation be permitted to utilize rest of the property. The learned AAG and the petitioner showed no objection.
Thus, in view of above the petition is disposed of. "
4. The record divulges that the Administrator MCQ had also filed C.M.A. No.2634/2021
in Constitution Petition No.232/2020, in which the following prayer was made:
"It is therefore respectfully prayed that the observation with the regard that applicant
has no objection over the establishment of the football ground may kindly be expunged from the Order dated 29- 06-2021 passed by this Hon'ble Court, in the
interest of justice."
5. Subsequently, the aforementioned application was not pressed by learned counsel for
Administrator MCQ, therefore same was dismissed as withdrawn by this Court vide order dated 25.08.2021.
6. The Administrator MCQ had also filed Review Application No.40/2021 before this
Court in which review of order dated 29.06.2021 passed by this Court in Constitution Petition No.232/2020 was sought. The said Review Application was dismissed by this Court on 08.11.2021, concluding para whereof is reproduced herein below:
"2. The applicant has not denied his appearance before this Court nor he has denied the statement made before this Court in CP No. 232/2020 on 29.06.2021.
The applicant has failed to raise any law point or any cogent reason to review the above order.
In view of the above, no case is made out to review the order dated 29.06.2021 passed by this Court in CP No. 232/2020.
For the above reasons, the application is dismissed in limine ".
7. The petitioner, prior to filing of the instant Constitution Petition, had also filed
Contempt Application No.41/2022 before this Court which was withdrawn on 22.11.2022. For the facility of ready reference, the said order is reproduced herein below:
"Learned counsel for the applicant is not pressing the instant Contempt Application for the time being contemplating to file Constitution Petition for redressal of grievance of the applicant in accordance with law.
The contempt proceedings have not been pressed for the time being against the respondents is dismissed as withdrawn holding the applicant at liberty to file Constitution Petition afresh for redressal of his grievance in accordance with law".
8. Learned counsel for the petitioner mainly contended that on 29.06.2021, the
Administrator MCQ, while appearing before this Court in Constitution Petition No.232/2020, had given statement that the land belonging to MCQ has been marked for establishment of football ground and the Project is reflected in PSDP of the financial year 2021- 22 and on the
basis of said statement, CMA seeking implementation of order dated 09.12.2020 was disposed of by this Court vide order dated 29.06.2021. Learned counsel further contended
that without any justification, the respondents are lingering on the matter on the basis of lame excuses and it appears that with mala fide intention, the respondents are trying to frustrate
the Project of establishment of football ground.
9. Learned counsel for MCQ Mr. Muhammad Ishaq Nasar, Advocate assisted by Mr.
Abdullah Khilji, Law Officer MCQ tried to mention the difficulties which MCQ would face
if the property in question is utilized for football ground as according to him the property in question is a commercial land which is being used by the Municipal Transport as a parking lot and as workshop for repairing vehicles of MCQ, therefore establishment of football ground in the property in question would cause difficulties for MCQ as already MCQ is facing scarcity of land to cater their needs.
We have heard learned counsel for the parties and have perused the record.
10. The importance of sports facilities for healthy activities and for progress of any
society is undeniable. The people of Quetta City are already suffering because of insufficient
facilities for healthy activities such as sports due to extreme scarcity of grounds for the said purpose. In this backdrop, C.M.A. No. 1571/2021, filed by the petitioner in Constitution Petition No.232/2020 for implementation of the order dated 09.12.2020, was disposed of by this Court vide order dated 29.06.2021, as the then Administrator MCQ, as noted above, had given categorical statement before this Court for providing land to establish football ground at Sariab Road and it was also brought on record by the Administrator MCQ that the said Project is reflected in PSDP of the financial year 2021 -2022. Though, subsequently, the
Administrator MCQ had filed Review Application for review of order dated 29.06.2021 passed by this Court but considering the attending circumstances of the case same was dismissed by this Court vide order dated 08.11.2021.
11. Learned counsel for MCQ has placed on record the revenue abstract of property in
question in which it has been mentioned that the property in question is earmarked for establishment of football ground. We are dismayed to observe that despite detail order passed by this Court and in spite of reflection of the said Project in PSDP of financial year 2021-2022, the respondents are delaying the matter on different pretexts without any lawful justification.
12. The word "life" used in Article 9 of the Constitution of Islamic Republic of Pakistan,
1973 (hereinafter "the Constitution") is not restricted only to be vegetative or animal life or to that matter mere existence from conception to death, rather life includes all such amenities and facilities which a person born in a free country is entitled to enjoy with dignity, legally and constitutionally. In this regard, reliance is being placed upon the case titled as Watan Party v. Federation of Pakistan
1, the relevant excerpt whereof is reproduced herein below:
"39. The expression 'life' implied in Article 9 of the Constitution, is also used in the corresponding Article 21 of the Indian Constitution. Article 9 of the Constitution of Pakistan prescribes that "no person shall be deprived of life or liberty save in accordance with law". Whereas in the Indian Constitution it reads that "no person shall be deprived of his life or personal liberty except according to procedure established by law". Fourteenth Amendment of the American Constitution provides, "no State sh all deprive any person of life, liberty, or property without due process of
law". In Shehla Zia's case (ibid), it is held that the word "Life" used in Article 9 of the
Constitution is very significant as it covers all facets of human existence. The word
"life" has not been defined in the Constitution but it does not mean nor can it be restricted only to the vegetative or animal life or mere existence from conception to death. Life includes all such amenities and facilities which a person born in a free country is entitled to enjoy with dignity, legally and constitutionally".
(Emphasis provided)
13. The admitted feature of the case is that the property in question had been earmarked
for establishment of football ground. The Administrator MCQ, while appearing before this Court in Constitution Petition No.232/2020 on 29.06.2021, had categorically mentioned that "the property belonging to the Corporation has been marked by the Commissioner Quetta Division, Quetta and the Project Director for establishment of football ground, and the project is reflected in the year PSDP 2021 -2022. He stated that the issue would be resolved
by him and the Commissioner amicably, whereas he will have no objection upon establishment of the football ground".
14. In view of the above statement, subsequent excuses made by the incumbent
Administrator of MCQ do not carry any weight as he is deliberately trying to frustrate the orders passed by this Court by resiling from the previous statement made by the then Administrator MCQ before this Court.
15. In view of the statement made by the then Administrator MCQ before this Court on
29.06.2021 and keeping in view the fact that since property in question has been earmarked for establishment of football ground (reflected in the revue record), a right had been created in favour of public at large vis -à-vis proposed football ground. In this context, reliance is
being placed upon the case titled as Moulvi Iqbal Haider v. Capital Development Authority
2,
wherein the Supreme Court has held:
"Admittedly a Public Park, if is earmarked in a housing scheme, creates a right amongst the public and that right includes their entry in the Park without any obstacle, being fundamental right enshrined in Article 26 read with Article 9 of the Constitution".
In the wake of above deliberations and considering the previous orders passed by this
Court regarding the subject matter, the instant constitution petition is accepted. The
respondent Nos. 1, 4 and 5 are directed to hand over the land measuring 13 rod 12 pol
(144,837 sq. ft) falling under Khasra No.3092/610/751/610 Mahal and Mouza Khushkaba Karezat Sariab Kechi Baig District Quetta to respondent Nos.2 and 3 for establishing football ground which has already been approved in PSDP.
MH/141/Bal. Petition allowed.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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