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Constitutional Petition No.D-759 of 1987, decided on- 30th July, 1987.

---Arts.199 & 18--Criminal Procedure Code (V of 1898), S.144 No person can be prevented from using his own lands for lawful purposes--Petitioner questioning order passed by District Magistrate under S.144, Cr.P.C. prohibiting establishment of any cattle market within jurisdiction of District--Grievance of petitioner was that he wanted to establish a cattle market on his own land and relied on a previous order whereby District Magistrate had granted him special permission to establish a cattle market on same land 350 feet away from Super Highway--Advocate-General stating that Government would have no objection if an order in terms of that passed by District Magistrate was passed provided the cattle market is established not 350 ft. but 500 ft. away from Super Highway--Petitioner being agreeable to said condition application for interim relief disposed of in terms of permission granted by District Magistrate as modified- Petition also disposed of as not pressed further.

Nooruddin Sarki for Petitioner.

A.A.Mohomedally, Add1.A.-G. (Sind) for the State.

Date of hearing: 30th July, 1987.

--By this petition' under Article 199 of the Constitution, the order dated 16-7-1987, passed, by Mr. Ashfaque Ahmed Memon, District Magistrate East, Karachi, under section 144 Cr.P.C., has been questioned. By this order the District Magistrate has prohibited establishment of any cattle market within the jurisdiction of District East, Karachi, except the places mentioned therein. By this petition the petitioner's grievance is that he wants to establish a cattle market on his own land bearing Survey Nos.71, 75, 76 and 77 Deh Gujihro, Ali Town Scheme-33, Karachi which is not a public place. Learned counsel for the petitioner has relied on previous order dated 5th August, 1986, whereby the District Magistrate East had granted special permission to the petitioner to establish a cattle market on the same land leaving 350 ft. from the Super Highway. The comments have been filed where in paragraph (1) it has been stated that the lands mentioned above are in dispute and the case is pending in the High Court, but it is not stated that the lands belong to the Government or the Government is a party to the suit pending in the High Court. Indeed, no such claim has been made even before us by the learned Additional Advocate-General has relied on paragraph (8) of the comments, which reads as follows:--

"The permission by the applicant (petitioner) was sought for a place which is just opposite to old Sohrab Goth near bridge which in fact has created congestion and found hazardous for the traffic endangering life and property as well as creating public nuisance.

It is incorrect that any private- party has been allowed to have cattle piri in this area. The right of collecting' service charges in open area which is about two kilometers away from zero point (Ex Sohrab Goth to avoid traffic congestion -and hazards have been auctioned publicly fetching handsome amount on behalf of Government on 23-7-1987," ,

In this paragraph nothing has been said to how a person and under what law a person could be prevented from using his own lands for lawful purposes. A person has a right to conduct any lawful trade or business which is guaranteed to him under Article 18 of the Constitution which reads as follows:

"18. Freedom of trade business or profession.--

Subject to such qualifications, if any, as may be prescribed by law, every citizen shall have the right to enter upon any lawful profession or occupation, and.-to conduct any lawful trade or business:

Provided that nothing in this Article shall prevent-

(a) the regulation of any trade or profession by a licensing system; or

(b) the regulation of trade, commerce or, industry in the interest of free competition therein; or

(c) the carrying on, by the Federal Government or a Provincial Government, or by s, corporation controlled by any such Government, of any trade business, industry or service, to the exclusion, complete or partial,, of other persons."

However, at this stage Mr. A.A. Mohomedally Additional Advocate General states that the respondents would have no objection if any order in terms passed by the District Magistrate on 5-8-1986, is passed but it should further provide that the cattle market will be established not 350 ft. but 500 ft. away from Super Highway. To this condition Mr. Nooruddin Sarki is agreeable.

We would therefore, dispose of this application for interim relief in terms of the permission granted, by the District Magistrate himself on 5th August, 1986 as modified above.

In view of the above interim order Mr. Nooruddin Sarki states that he would not further press this petition. It is therefore disposed of as such.

S.Q./A-175/K Order accordingly.

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