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PROVINCE OF PUNJAB through Secretary Communication and Works Department, Lahore vs YASIR MAJEED SHEIKH arts — 2021 SCMR 624 SUPREME-COURT

Case information

Citation
2021 SCMR 624 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
PROVINCE OF PUNJAB through Secretary Communication and Works Department, Lahore vs YASIR MAJEED SHEIKH arts
Subject matter
Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PROVINCE OF PUNJAB through Secretary Communication and Works Department, Lahore VS YASIR MAJEED SHEIKH arts. 18 & 199---Right of easement---Freedom of trade and business---Scope---Questions of fact raised in a Constitutional petition before the High Court---Respondent installed a petrol pump and was given access from the main road---Subsequently the access from the main road was denied by the Provincial Highway Department (petitioner-department)---Respondent filed a Constitutional petition, which was allowed with the observation that only the respondent's petrol pump had been denied access from the main road, which was violation of art. 18 of the Constitution, thus, the petitioner-department was directed to provide access points to the petrol pump from the main road in the shape of entry and exit---Held, that though art. 18 of the Constitution guaranteed every citizen the right of freedom of trade, business or profession but said right of the respondent had not been infringed in the present case, because although he had been denied access from the main road but he had access from alternate route i.e. service road, which was 360 feet away from the main road---In these circumstances, existence of right of easement in respect of the respondent was a question of fact, which needed to be decided after recording of evidence and the same could not have been done in the Constitutional jurisdiction of the High Court---Petition for leave to appeal was converted into appeal and allowed, impugned judgment of High Court was set-aside with the observation that the respondent could approach the Court of competent jurisdiction for redressal of his grievance in accordance with law.

Other judgments reported in 2021 SCMR

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