MUHAMMAD LUQMAN KAKAR vs QUETTA DEVELOPMENT AUTHORITY R — 2025 PLD 54 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD LUQMAN KAKAR VS QUETTA DEVELOPMENT AUTHORITY R. 149(2)---Quetta Development Authority Ordinance (IV of 1978), Preamble & S. 40---Constitution of Pakistan, Art. 199---Housing scheme---Conversion/usage of residential area into commercial area---Scope and effect---Fundamental rights of residents---Scope---Petitioners, residents of a Housing Scheme being regulated under Queta Development Authority/QDA (scheme-in-question), were aggrieved of involvement of the private respondents in commercial activities (in the shape of Offices, Clinics, Guest Houses, Restaurants and Schools etc.) in the residential area of scheme-in-question---Contention of the petitioners was that on account of mushroom growth of unlawful commercial activities, they were facing multifarious inconveniences and their fundamental rights of free movement and peaceful enjoyment of property had seriously been jeopardized---Validity---It was duty of respondent/QDA to provide a complete residential atmosphere to the residents of scheme-in -question---Due to negligence on the part of authority and non-implementation of the provisions of law, mushroom growth of non-residential/commercial activities-in-question have cropped up which has overloaded the domestic facilities meant for residents of the area in the shape of choking of drains, parking of vehicles on roads/streets, traffic congestion, use of extra electricity and gas---Engagement of private respondents in commercial activities in residential areas are causing harm to the environment, public health and the general well-being of the community which warrants intervention by the High Court to safeguard the interests of the public and ensure compliance with the law---High Court directed the official respondents (Quetta Development Authority) to cease all commercial activities found in violation of applicable laws/regulations immediately---Constitutional petition, was allowed accordingly.

MUHAMMAD LUQMAN KAKAR vs QUETTA DEVELOPMENT AUTHORITY R — 2025 PLD 54 QUETTA-HIGH-COURT-BALOCHISTAN

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