ABDUL GHAFOOR KHAN versus FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY OF DEFENCE, RAWALPINDI
Article 199 Constitutional Application Flyover Bridges Purpose, purpose and scope Applicant was found to have difficulty in using the flyover bridges for commercial purposes under the flyover bridges The property under consideration was acquired land and used for public purposes. That is, the flyovers were constructed on the bridge and became part of the public road, therefore, could not be used by any party for any commercial activity. The purpose of building flyover bridges in cities was to relieve traffic congestion and inconvenience to nearby commuters, and if commercial activity was allowed under flyover bridges, this would negate its very purpose. Commercial activities under construction flyover bridges will increase traffic and increase distress for nearby commuters. The High Court observed that flyover bridges in Karachi City were either barred for commercial activities or were allowed for commercial activities due to the negligence of the authorities concerned. The High Court directed the authorities to remove all the under construction flyovers between adjoining flyovers and adjoining areas and remove all encroachments under other flyover bridges in the city of Karachi and fly for public parks. Also consider the planning and development of places under over bridges. In other cities, it is done for recreational purposes or public recreation purposes but has no commercial activity and does not require any permanent construction.
Related judgments — Karachi High Court Sindh, 2013
