Land use: Stadium management asked to file rebuttal
Lawyer says ‘illegal’ acts of an organisation headed by army man can be challenged.
Justice Ayesha A Malik heard the counsel for the petitioner. She directed the respondents to file their rebuttal, if any, at the next hearing. PHOTO: LHC.GOV.PK
LAHORE:
Lahore High Court (LHC) on Friday adjourned hearing of arguments on maintainability of a petition challenging the construction of a commercial plaza on the land of Fortress Stadium.
Justice Ayesha A Malik heard the counsel for the petitioner. She directed the respondents to file their rebuttal, if any, at the next hearing.
At the last hearing, the counsel for the Fortress Stadium Management had told the court the management was part of Pakistan Army and that a petition could not be entertained against the army.
Responding, the petitioner’s counsel said on Friday that although the ex officio head of the management was a serving military officer, there was no bar on challenging its “illegal” acts.
He said there were several precedents wherein the Supreme Court (SC) had not only entertained petitions against the organisations headed by army officials, but also passed orders against them.
In the Pakistan Steel Mills case, for example, the SC had stopped its sale under an army officer. He said the SC had also taken up a case against the Army Welfare Trust.
The lawyer said in the present case, the agreement to lease out the land had not been endorsed by any serving member of the armed forces and that the prayer in this petition was also not against any of the serving army officers.
Nayyer Khan, a citizen, has filed the petition saying that the shopping complex has been built on 60,942 square feet of land. The petition says the Fortress Stadium Management has leased out the land to DUPAK Developers Pakistan for 33 years, starting in 2007.
The petitioner said the land in question was meant for military purposes and no commercial activity should be allowed there.
A law officer from the Ministry of Defence had earlier told the court that according to a notification of the federal government construction of the plaza was in accordance with the law.
Published in The Express Tribune, June 14th, 2014.
Lahore High Court (LHC) on Friday adjourned hearing of arguments on maintainability of a petition challenging the construction of a commercial plaza on the land of Fortress Stadium.
Justice Ayesha A Malik heard the counsel for the petitioner. She directed the respondents to file their rebuttal, if any, at the next hearing.
At the last hearing, the counsel for the Fortress Stadium Management had told the court the management was part of Pakistan Army and that a petition could not be entertained against the army.
Responding, the petitioner’s counsel said on Friday that although the ex officio head of the management was a serving military officer, there was no bar on challenging its “illegal” acts.
He said there were several precedents wherein the Supreme Court (SC) had not only entertained petitions against the organisations headed by army officials, but also passed orders against them.
In the Pakistan Steel Mills case, for example, the SC had stopped its sale under an army officer. He said the SC had also taken up a case against the Army Welfare Trust.
The lawyer said in the present case, the agreement to lease out the land had not been endorsed by any serving member of the armed forces and that the prayer in this petition was also not against any of the serving army officers.
Nayyer Khan, a citizen, has filed the petition saying that the shopping complex has been built on 60,942 square feet of land. The petition says the Fortress Stadium Management has leased out the land to DUPAK Developers Pakistan for 33 years, starting in 2007.
The petitioner said the land in question was meant for military purposes and no commercial activity should be allowed there.
A law officer from the Ministry of Defence had earlier told the court that according to a notification of the federal government construction of the plaza was in accordance with the law.
Published in The Express Tribune, June 14th, 2014.