Summary: S.48 CPC,Art.181 Limitation Act:Second application for execution of decree--Limitation--Scope

Summary: Notification regarding regularization of the petitioner was issued, thus withdrawn through application

Summary: Illegal construction around public park which would destroy its use was stopped. Principles governing naming of public spaces. The park could not be named after sitting Prime Minister---(a) Constitution of Pakistan-------Art. 199---Constitutional petition---Public interest litigation---Violation of FundamentalRights---Concept of 'aggrieved person' or locus standi---Scope---Public interest litigationdoes not envisage the strict concept of the aggrieved person or locus standi.Benazir Bhutto v. Federation of Pakistan PLD 1988 SC 416; Shehla Zia v. WAPDA PLD1994 SC 693; General Secretary Salt Miners Labour Union (CBA) Khewra, Jhelum v TheDirector, Industries and Mineral Development, Punjab, 1994 SCMR 2061 and Sindh Instituteof Urology and Transplantation v. Nestle Milkpak Limited 2005 CLC 424 ref.(b) Constitution of Pakistan-------Art. 199---Constitutional petition---Maintainability---Proposal of building of shops ofconsiderable height around public park---Public trust, doctrine of---Scope---Nationalresources like air, sea, waters and forests are like 'public trust' and should be made freely available to everyone irrespective of status---Constitutional petition relating to such resourceswas maintainable.(c) Constitution of Pakistan-------Arts. 9, 14, 26, 34, 35, 38 & 199---West Pakistan Municipal Committee (Street) Rules,1962, R.9---Constitutional petition---Public Park proposed to be surrounded by shops ofconsiderable height and no distance between such shops and the park, giving outsidersunrestricted vantage access thereto and naming the Park after a living person in governmentor occupying any position---Effect---Held, Fundamental Right of dignity (Art.14) would beviolated when the users of the Park were holed in within the pit of the Park---Whilst privacyof the home was specifically recognized as a Fundamental Right (Art.14), people in publicspaces were also entitled to limited personal space and privacy given the exigencies of thesituation and to the extent that same could be ensured---Couples, families or for that matterany person would be deterred from venturing into the Park if every movement of theirs couldbe monitored, they, in circumstances effectively would be discriminated against, in respect ofaccess to a public place which was yet another Fundamental Right (Art.26) infringed---Provision of Art.34 stipulated that every effort should be made to "ensure full participation ofwomen in all spheres of national life" and another Art.35 call for the "protection of familylife"; ventage viewing into the Park might dissuade women and families from visiting thesame---"Promotion of social and economic well-being of the people" and provision of "basicnecessities of life" was yet another principle (Art.38) to aspire to---Unemployed have time attheir disposal and were therefore expected to make more use of a Park, so too the poor whodo not have access to private gardens or clubs; thus when impediments were placed to fullyenjoy the Park it was the said weaker and vulnerable members of society who would sufferthe most---Availability of Parks for enjoyment, recreation, walking, jogging and exerciseconstituted a basic necessity---If the park was permitted to be enclosed and walled in samewould also make it difficult if not possible for trees and plants, which required sunlight togrow, due to obstruction of sunlight and the shadows cast by the building surrounding it---Benefits of trees in urban areas and Parks for health detail with reference to research done onthe subject---High Court, in circumstances, declared that no land could be allotted, leased,sold and/or otherwise alienated or shops constructed around the three roads surrounding thePark; that the Park could not be named after a living person and issued directions to theDevelopment Authority to refund the money received by Development Authority pursuant tothe offer letters issued by the Development Authority; the ground breaking ceremony plateerected in the Park that shows the name of the person in whose name the Park had beennamed and that of the political party mentioned thereon be removed; that to remove allreferences from its records about the previous name of the Park and not to mention the sameon any plan or map; and to maintain the Park for the benefit of the people as a place ofrecreation and not change its use in the future; and the Director General of the DevelopmentAuthority to submit compliance report about directions through the Registrar of HighCourt within thirty days.(d) West Pakistan Municipal Committee (Street) Rules, 1962-------R. 9---General Financial Rules of the Federal Government, Vol. I & II---NationalAccountability Ordinance (XVIII of 1999), S.9(vi)---Constitution of Pakistan, Art. 199---Constitutional petition---Public Park named after a living person in government or occupyingany position is illegal and ultra vires exercise of power if persons vested with power arepermitted to use their power for the wrong purpose, self projection, putting oneself or anotherperson, directly or indirectly, in position of advantage or to gain benefit---Principles.

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