JUDGMENT SHEET PESHAWAR HIGH COURT,PESHAWAR JUDICIAL DEPARTMENT) Writ Petition No.2635-P of 2013. Dr. Zahoor-ul-Haq(cid:28)(cid:28)(cid:28).Versus(cid:28)(cid:28)(cid:28)Govt: of KPK etc. J U D G M E N T. th Date of hearing 10 March 2015. th Date of announcement 11 March 2015. Petitioner (s) by Mr. Azhar Yousaf, advocate. Respondent(s) by Mr. Rab Nawaz Khan, AAG & Mr. Sabahuddin Khattak, advocate. WAQAR AHMAD SETH, J:- Through this single judgment we intend to dispose of the instant Writ Petition No.2635-P of 2013 as well as the connected Writ Petition Nos.3152-P, 3375-P, 3380-P, 3468-P, 3491-P, 3492-P, 4578-P, 3653-P of 2014 and 47-P of 2015 as common questions of law and facts are involved in all these petitions. The relevant facts of each case are given below:- 2- (WRIT PETITION NO.2635-P OF 2012) The petitioner is Managing Director of Zahaq Associates (Private) Limited which is an educational and 2 consulting Institution, functioning since 2004 and is properly registered with Government of Pakistan under section 32 of the Companies Ordinance, 1984 and more than 100 students are studying in it. That the petitioner’s Institution is working on Charity basis and is a non-profit organisation in Khyber Pakhtunkhwa and is bent upon to give knowledge/education to the people of KPK in a better manner as well providing them a chance to go abroad and get more higher level education in different Countries by giving consultancy to them. It is averred in the petition that on 03/10/2013 a show cause notice was issued by the Municipal Committee University Town, Peshawar (respondent No.6 herein) directing the petitioner to stop all illegal and non permissible activities carried out in a house at University Town which notice is totally illegal and malafide on the part of the respondents. 3- (WRIT PETITION NO.3152-P OF 2014) The petitioner is a qualified Doctor by profession and running a private Hospital which is properly registered under the law in the year 2012 for which 3 premises has been taken on rent at the rate of Rs.90,000/- per month and there are twenty employees working there; that Municipal Committee University Town, Peshawar (respondent No.4 herein) issued notice regarding the deposit of advertisement charges of sign boards etc vide notice dated 21/08/2014 and he was allowed for installation of sign board by respondent No.4 through letter dated 11/02/2014 and that on 16/10/2014 respondent No.4 came to the Hospital and directed the petitioner to vacate the same house at a spur of moment and also warned to remove the sign boards etc and threatened him of sealing the premises of the said Hospital. 4- (WRIT PETITION NO.3375-P OF 2014) In the instant petition the petitioner is running a private Hospital which is properly registered under the law in the year 2013 for which premises has been taken on rent basis i.e. Rs.1,50,000- per month and there are many employees working there. That on 07/11/2014 respondent No.4 came to the Hospital and directed the 4 petitioner to vacate the same at a spur of moment and also warned to remove the signboards etc and threatened the petitioner of sealing the premises of the said Hospital. 5- (WRIT PETITION NO.3380-P OF 2014) In this case the petitioner is operating Saloon by profession in the name of “M/S Jugun Waseem Saloon” in a rented premises on monthly rent of Rs.170000/- and on 16/10/2014 respondent No.4 came to the said premises and directed the petitioner to vacate the same at a spur of moment,, warned him to remove the sign boards etc and also threatened him of sealing the premises and that the respondents advertised/published notice in the Daily Newspaper “AAJ and Mashriq” on 30/09/2014 for stoppage work and in consequent to it is bent upon to seal the rented premises. 6- (WRIT PETITION NO.3468-P OF 2014) The petitioner is the Administrator/Chief Executive of “HUMZA SURGICAL HOSPITAL” which is providing health facilities and services to the people for the last thirteen years and is registered with Health Regularity 5 Authority; that a few days back respondents came to the petitioner’s hospital and tried to illegally seal the same without any cause on the ground that the petitioner is carrying on commercial activities in the area which is prohibited by the Government; and that respondent No.1 issued notice dated 11/11/2014 for vacation of the premises within seven days and alongwith this notice the respondents also handed over another notice dated 10/11/2014 wherein the petitioner was advised to attend the meeting on the subject matter. 7- (WRIT PETITION NO.3491-P OF 2014) In this case the petitioner is running the business of “Beauty Parlour” for the last one year in a lawful and peaceful manner without any complaint whatsoever from the Government or public at large especially from the residents of the locality and that all of a sudden the petitioner received notice dated 11/11/2014 from respondent No.2 for closure of the business and vacation of the premises. 6 8- (WRIT PETITION NO.3492-P OF 2014) In this case the petitioner is running the business of “BEAUTY PARLOR” for the last two years in lawful and peaceful manner without any complainant from the Government or the public at large especially from the residents of the locality and all of a sudden she received notice dated 11/11/2014 from respondent No.2 for closure of the said business and vacation of the premises. 9- (WRIT PETITION NO.3548-P OF 2014) The petitioner is running the business of “hair transplant and hair repair” for the last about eleven years in lawful and peaceful manner without any complainant from the Government or the public at large especially from the residents of the locality and all of a sudden she received notice dated 11/11/2014 from respondent No.2 for closure of the said business and vacation of the premises. 10- (WRIT PETITION NO.3653-P OF 2014) In this case the petitioner is owner of House No.43- D-II, Old Jamrud Road, Peshawar and running a business 7 of “Import-export” and distribution of Medical equipments; that on 26/09/2013 the respondents sealed the property of the petitioner illegally, unlawfully and without lawful jurisdiction and also disconnected the electricity, Gas and water supply connections but in the light of the orders of August Supreme Court of Pakistan the property was un-sealed and all the connections were restored and after rejection of Writ Petition No.1578- P/2012 by the Apex Court, respondent No.1 issued notice to the petitioner dated 11/11/2014 to vacate the premises within seven days. 11- (WRIT PETITION NO.47-P OF 2015) In this writ petition, the petitioner is running the business of “SCHOOL” for the last ten years providing best services to the public at large, in lawful and peaceful manner without any complaint whatsoever from the government or public at large especially from the residents of the locality and that all of a sudden respondent No.2 tried to close the said business and vacate the premises. 8 12- Arguments heard and record perused as the learned counsel for the parties are adamant for earlier disposal of these cases. 13- In all the writ petitions, the petitioners have challenged the Advertisement dated 30/09/2014 published in daily Newspapers “Aaj & Mashriq” as well as notice dated 11/11/2014 issued by Chief Municipal Officer, Municipal Committee University Town, Peshawar wherein it was mentioned that they have started illegal/non permissible commercial activities in the residential House/premises of University Town Peshawar which is sheer violation of Local Government Act, 2013, Building Laws/bye laws and orders of Peshawar High Court Peshawar and apex Supreme Court of Pakistan as well and they are directed to vacate the premises within seven days after that no excuse shall be entertained/acceptable in this respect. 14- Record is suggestive that not even a single document has been annexed by any petitioner showing that any sanction or approval for converting the disputed 9 premises in to commercial or for any particular purpose, other than the residence has been obtained, even any request made on behalf of the occupant, in this behalf has not been shown or placed on record. In some of the writ petitions utility bills have been enclosed, showing that these utility bills are in commercial tariff and NOC was issued by the respondent’s/authority, but no such NOC has been annexed with the writ petitions nor was produced at the time of arguments. In some of the writ petitions petitioners have annexed notices regarding advertisement charges contending that the University Town Committee, was charging for commercial bill boards / advertisement board and as such impliedly, they are using the premises for commercial purposes with the consent of respondents/authority. Perusal of these notices would show that these notices were issued on temporary basis and the same pertains to the year 2013, when tax was imposed upon such types of signboards, but admittedly there is nothing on record to show that any competent authority, or authority of the respondents, 10 whether lawful or otherwise, had ever given sanction or any request was processed, in this respect. 15- Record is further suggestive that the wrong is recurring since long and the concerned authorities of the respondents were negligent since from the beginning and specially from 2002/2003, when for the first time notices to the number of schools and other occupants who were using the residential premises for the purpose other than residence were issued. These notices were challenged in five different writ petitions by number of petitioners and the same were decided by this court in writ petition No. 676/1199, vide judgment dated 30.10.2003 and the said judgment was never ever challenged before any forum and the same has attained finality but even then, the respondents/department kept mum, which in-fact is a criminal negligence on their part and in this respect, recommendations would be made later on in the judgment. 16- In the above referred writ petitions and judgment dated 30.10.2003, two types of notices were issued by