LAHORE: The Lahore High Court on Thursday sought a reply from the Walled City of Lahore Authority (WCLA) on a petition questioning illegal construction in the walled city and for the conservation of heritage.

Representing the petitioner, Advocate Lubna Saleem submitted that an illegal construction of a commercial plaza at main road of Shah Alam Gate was being carried out without obtaining proper approval from the respective authorities including the WCLA.

The counsel said the illegal construction by the respondents was not only causing damage to petitioner’s property but also in violation of the relevant provisions of the Walled City of Lahore Act, 2012.

She submitted that the actions of the respondents were also clear violation of the SOPs of the construction of high-rise building in the walled city that could endanger the lives of the citizens.

She pointed out that when the petitioner complained against the illegal construction the WCLA got lodged an FIR but no further action had been taken against the respondents.

The counsel argued that the Act provided that no person shall erect or re-erect a building or commence to erect or re-erect a building except with the previous sanction of the authority in the prescribed manner.

She said the respondents had demolished an old building and started construction without prior sanction of the WCLA, therefore, it had power to take action against them.

Additional Advocate General Umair Khan Niazi objected to the maintainability of the petition being premature on the ground that FIR had been lodged against the delinquents.

Justice Jawad Hassan, however, observed that the case related to the conservation of the heritage of the walled city of Lahore and points raised therein needed consideration.

The judge admitted the petition for regular hearing and directed the law officer to submit reports and parawise comments on behalf of the respondents by Feb 8. The judge also directed the WCLA to implement the provisions of its Act.

Partial boycott: The legal fraternity on Thursday observed a partial boycott of the courts’ proceedings in protest against the proposed elevation of Justice Ayesha A Malik of the Lahore High Court to the Supreme Court.

On the other hand, the judicial commission in Islamabad approved the elevation of the woman judge, who is fourth in the seniority of the LHC judges.

The lawyers observed the boycott on the call of the Pakistan Bar Council that believed the judicial commission should follow the principle of seniority unless it framed its rules for the elevation of the high court’s judges to the apex court.

The bar leaders said violation of the seniority principle always led to arbitrariness in the selection process of the judges.

Published in Dawn, January 7th, 2022