No more weekly markets on footpaths, service roads: SHC
Judges ruled that authorities are duty-bound to keep public property free from encroachments, claims
Justice Ahmed Ali M Sheikh is the new chief justice of Sindh High Court. PHOTO: EXPRESS
KARACHI:
The public property, which is for the use and enjoyment of the public, cannot be leased to any third party for commercial or any other purpose, the Sindh High Court (SHC) ruled on Wednesday.
Allowing a petition against award of contracts by Faisal Cantonment Board's management to hold weekly markets on a 40-yard road, the bench nullified awarding such contracts for organising weekly markets on the service road and its footpath.
A two-judge bench, comprising justices Nadeem Akhtar and Muhammad Faheem Siddiqui, further ruled that the government, the relevant municipal authority and all their functionaries are duty-bound to keep the public streets, roads, thoroughfares, footpaths and other public property free from all types of encroachments and claims.
The petitioners had argued that the Faisal Cantonment Board's chief management had allowed weekly markets to earn money. However, they gave the reason that such markets were allowed on the demand of the public and for their convenience. The petitioners alleged that the vendors keep their carts on the road, which causes problems for the residents.
The bench relied on the observations made by the Supreme Court in case against the outdoor billboards and hoardings on the public properties. The apex court had defined clear categories and ruled that public property cannot be used for commercial purposes.
The public property, which is for the use and enjoyment of the public, cannot be leased to any third party for commercial or any other purpose, the Sindh High Court (SHC) ruled on Wednesday.
Allowing a petition against award of contracts by Faisal Cantonment Board's management to hold weekly markets on a 40-yard road, the bench nullified awarding such contracts for organising weekly markets on the service road and its footpath.
A two-judge bench, comprising justices Nadeem Akhtar and Muhammad Faheem Siddiqui, further ruled that the government, the relevant municipal authority and all their functionaries are duty-bound to keep the public streets, roads, thoroughfares, footpaths and other public property free from all types of encroachments and claims.
The petitioners had argued that the Faisal Cantonment Board's chief management had allowed weekly markets to earn money. However, they gave the reason that such markets were allowed on the demand of the public and for their convenience. The petitioners alleged that the vendors keep their carts on the road, which causes problems for the residents.
The bench relied on the observations made by the Supreme Court in case against the outdoor billboards and hoardings on the public properties. The apex court had defined clear categories and ruled that public property cannot be used for commercial purposes.