Final warning: District govt ordered to seal commercial entities till Oct 18

Commercial entities were sealed several times in the past

PESHAWAR: Incensed by the non-compliance of its orders by the city district government and Town-III administration, the Peshawar High Court issued a final warning to them on Wednesday to seal all commercial entities in University Town and submit a report by October 18.

The bench also reserved its judgment on a petition filed against amendments in Khyber-Pakhtunkhwa Local Government Act, 2013 that would empower the provincial government to allow commercial entities to carry out their businesses in residential areas.

While hearing a petition filed by residents of University Town through Qazi Jawwad Ihsanullah, the bench observed that the high court has given its ruling one-and-a-half years back and the government was clearly ordered to act against commercial entities.

The bench observed that the government was also ordered to give a four-month deadline to educational and health outlets to wind up their businesses.



“But instead [of] clearing the residential town of commercial activities, the provincial government is amending laws to render high court’s order ineffective,” remarked Justice Waqar Ahmad Seth while heading a two-member bench. Petitioners’ counsel said the district government and Town-III administration were ordered in March 2015 to check and do away with all commercial activities in the town that fall under the jurisdiction of Town-III.

“In an attempt to render the order ineffective, the provincial government has introduced amendments in the local government act that empowered the provincial government to allow a commercial entity of its choice to continue its businesses in any residential area,” he said.

Qazi Jawwad said that in light of recent amendments, the government constituted a committee in June 2015 that would determine how many and which commercial entities should be given permission to continue their activities.

He said, “It is completely illegal and in sheer violation of the court’s ruling.”

Seth observed that the court had ordered action against officers who allowed commercial activities. Counsel representing Town-III administration Sabahuddin informed the bench that on August 25, 2015, a committee was constituted to find officials who permitted illegal commercial activities in the residential area.

He maintained town municipal administration has limited authority in certain affairs as the entities were sealed several times and FIRs were registered against them.

“But they are freed by the court after submitting a nominal fine,” he said.

Sabahuddin also contended that there were international organisations residing in the town that enjoyed exemption under international laws and protocols.

Seth remarked that they might be exempted but questioned whether they have the authority under the international law to block a road. Additional Advocate General Waqar Ahmad requested the court to vacate the stay order.

The bench ordered to submit a report and tell the court what action was taken against the officials that allowed commercial units to continue their businesses.

Published in The Express Tribune, September 8^th, 2016.