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Petitioner: FAZAL UR REHMAN VS Respondent: S.D.O., HIGHWAY, WAZIRABAD And Other
Court Name: Lahore High Court Judge(s): Ch. Mushtaq Ahmad Khan Title: FAZAL UR REHMAN vs S.D.O., HIGHWAY, WAZIRABAD And Other Case No.: Writ Petitions Nos.11028,11029 and 9915 of 1994 Date of Judgment:1995-09-28 Reported As: 1995 MLD 1076 Result: Case remitted
Judgment ORDER This order will dispose of three connected Writ Petitions Nos.11028/94,11029/94 and W.P. 9915/94 as they involve identical factual and legal question. The respondents have issued notices to the petitioners in all the three cases for demolition of the construction raised by them as being encroachment over the G.T. Road and in pursuance of those notices the respondent intended to demolish the construction raised by the petitioners. 2. Through these Constitutional petitions legality and vires of the aforementioned notices and intended act of the respondent have been challenged before this Court. Learned counsel for the petitioner has contended that the issue of alleged encroachment has not been determined in presence of the petitioners and that they have neither been associated with the proceedings of alleged measurements conducted by the respondents Nos.2 and 3 nor have been given an opportunity of being heard. 3. Learned Addl. A. G., Punjab, under instructions of respondents, as well as after perusal of the demarcation report a photocopy whereof has been placed on record of this case states that the construction in question has been held to be encroachments, in pursuance of the measurements conducted by the respondents Nos.2 and 3, with which the petitioners had not been associated, and further that the petitioners are not proved to have been heard prior to passing the order of the demolition of the disputed construction. Learned counsel for the parties hence agree and pray that all the three writ petitions may be accepted and the matter may be remitted to the respondents for final decision of the question of encroachment and demolition thereof afresh after associating the petitioners with the measurements and