LAHORE: Lahore High Court Chief Justice Syed Mansoor Ali Shah on Friday, while hearing a petition against construction of multi-storey commercial buildings inside the Walled City, deplored the ongoing commercial activities regardless of a stay order, which restricted construction works in the area.
The chief justice ordered the concerned party to inform as to why the laws regarding construction in the Walled City were not promulgated.
The CJ was hearing petitions of Asif Ali Mirza and Abdul Razzak, residents of the Walled City, and Judicial Activism Panel Chairman Muhammad Azhar Siddique against construction of multi-storey commercial buildings inside the Walled City, against the court’s stay order.
Siddique submitted that the court had already stayed the construction of 136 multi-storey buildings identified by Lahore Walled City Authority (LWCA), but so far the court’s order was ignored.
The counsel also submitted that the WCLA was responsible to preserve the Walled City, which was a national heritage, adding that the authority had lodged formal FIRs against 136 developers over illegal constructions. He said the developers, especially the residents of the area, got permissions from the Town Municipal Administration for constructions while the Lahore Development Authority was also responsible for passing maps of the new buildings in the area.
He submitted that the respondents have excavated the adjoining property for digging a basement, thereby damaging the property of the petitioner, besides raising illegal construction over the said property without any sanctioned site plan and without obtaining permission from the concerned authorities.
He said that the historical place of worship located in the Walled City was being damaged due to the ongoing illegal construction of a multi-story building, which was taking place on the adjacent piece of land. He submitted that the place of worship was an imambargah located at Kashmiri Gage while the illegal construction was causing cracks in the walls of the 200-year-old imambargah. He apprehended that in case the construction was not stopped, the worship place would collapse very soon.
Siddique informed the court that the Chief Minister Complaint Cell on November 1, 2013, had directed a superintendent of police to look into the matter and take necessary action against illegal constructions as per law. It was unfortunate that even the directions of the chief minister were not implemented formally, he lamented.
The counsel said that illegal constructions and commercial activities within the old city, controlled by the WCLA and City District Government Lahore, was illegal under Article 9, 14, 18, 23, 24, 25 and 38 of the Constitution of Pakistan. He requested the court to direct the government demolish illegal buildings, besides requesting appropriate actions against the concerned persons who had authorised such commercial activities and constructions within the jurisdiction of the Walled City.
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