11 September 2004	Saturday	25 Rajab 1425

ISLAMABAD, Sept 10: A three-member bench of the Supreme Court on Friday dismissed the appeal of Chakwal Municipal Committee and said "it has no right to construct shops at the land of public garden".

The apex court, comprising Justice Iftikhar Muhammad Chaudhry, Justice Rana Bhagwandas and Justice Muhammad Nawaz Abbasi, dismissed the appeal filed by Chakwal Municipal Committee against the decision of the Lahore High Court Rawalpindi bench, and said land of public gardens located at the land of "Shamlat Deh" could not be utilized for commercial purposes.

The Chakwal Municipal Committee had constructed shops for commercial purposes at the land of public garden covering an area of one kanal and 11 marlas which was land of "Shamlat Deh".

Chaudhry Fateh Khan, a native of the area, had filed a petition against the municipal committee on December 4, 1972, in the civil court of the Chakwal district. Hafiz S.A. Rehman advocate appeared before the court on behalf of the municipal committee while M.Bilal Advocate appeared before the court on behalf of the respondents.

A civil court, an appeal court and the Lahore High Court Rawalpindi bench gave decision in the favour of Fateh Khan and asked the administration of the Chakwal Municipal Committee to demolish all the shops and restore the area as public garden.

The bench also dismissed the appeal filed by the administration of the municipal committee in the Supreme Court against the judgment of the Lahore High Court. The SC bench said that municipal committees have no right to destroy public parks and gardens by constructing shops for commercial purposes. -APP