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2009 MLD 628

HUMAN SAFETY FOUNDATION through Authorized Representative vs GOVERNMENT OF SINDH through Chief Secretary, and 11 others and

Petitioner: HUMAN SAFETY FOUNDATION through Authorized Representative VS Respondent: GOVERNMENT OF SINDH through Chief Secretary, and 11 others and

Court: Sindh High Court Decision Date: 2008-03-19

Full Judgment Text & Judicial Ruling

Court Name: Sindh High Court Judge(s): Muhammad Afzal Soomro, Syed Pir Ali Shah Title:HUMAN SAFETY FOUNDATION through Authorized Representative vs

GOVERNMENT OF SINDH through Chief Secretary, and 11 others and Case No.: Constitutional Petition No,D-1463, Misc. Nos.5880 and 5355 of 2007 Date of Judgment:2008-03-19 Reported As: 2009 MLD 628 Result: Order accordingly Judgment ORDER ' SYED PIR ALI SHAH, J.---Through this petition, petitioner has contended that large size of billboards would cause loss to human lives, as has happened in the recent past and permission to install them might be violative of the right to life, guaranteed by Article 199 of the Constitution of Pakistan. In pursuance of orders, dated 25-7-2007, all the five Cantonment Executive Officers of the Cantonment Board of Karachi as well as Chairman Karachi Port Trust and Director General, Civil Aviation Authority, have been joined as respondents in the matter and they were put on notice and they were required to furnish particulars about the billboards, sanction by them within their respective areas. ' Mr. Manzoor Ahmed, EDO (Law), for respondent No,2 was directed to produce relevant rules and bye-laws of the CDGK and KBCA, if any, pertaining to the installation of billboards along with details of billboards. While Mr. Ahmed Pirzada, learned A.A.-G., was required to place relevant order of the government in this context. Since, the matter was of a non-adversary nature, President, Sindh High Court Bar Association and Shehri were directed to depute counsel to assist the Court. ' Today, none appeared from the side of the petitioner. ' Mr. Manzoor Ahmed submits that they have already acted in the matter positively and as such, illegal billboards have been removed from the site. ' Rest of the respondents through their advocates adopted the same arguments. They have stated that the petitioner through this constitutional petition cannot claim compensation as mentioned in paras. 5 and 6.

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' Upon perusal of the contents of this petition and the annexures, it appears that certain casualties had occurred due to falling of billboard, which were installed unlawfully. Since each of the respondents had become vigilant and has taken preventive measures to avoid such casualties, this petition is to be disposed of with direction that existing rules may be followed strictly However, the petitioner can seek separate remedy so far compensation is concerned. With these observations, this petition is disposed of.

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