14 May 2004	Friday	23 Rabi-ul-Awwal 1425

LAHORE, May 13: The Lahore High Court has declared unlawful and a public nuisance the project of the Parks and Horticulture Authority to establish a sit-out cafe on The Mall service lane.

Justice Syed Tasaddaq Husain Jilani held on Thursday that the establishment of such a place for eating and drinking on a public street could not be allowed. The use of such places was the exclusive right of the general public and no commercial ventures like a restaurant should be permitted.

The court accepted the petitions filed by Begum Khurshida Shorish Kashmiri and the Lawyers Welfare Trust in 2002. Begum Shorish's counsel Saleem Sahgal had argued that the project would infringe upon the public right to use the service road. He also termed the project a camouflage for the establishment of food street.

Justice Jilani held that the service lane was admittedly a public street. It was meant for the use of the general public and for those who had properties adjacent to it.

Such roads and streets were the obligation of the city district government to maintain without encroachments and hindrances. Justice Jilani also dwelt on the legality of the project which was not approved by the city district government.

As for the aesthetic part of the project, he observed that it struck a discordant note with the beautification of Lahore. Similarly, the court held that nowhere in the world such cafes were provided at places facing courts.