First plea of public interest lands at Federal Constitutional Court

First petition of public interest has been filed in the Federal Constitutional Court (FCC) after the passage of the 27th Amendment, reported 24NewsHD TV channel on Sunday.

In the petition, filed by Advocate Taqweem Shah under Article 175-E, clause-III of the constitution, it was prayed to the court to declare the construction of a flyover on the land reserved for Balochistan Institute of Nephro-Urology Quetta (BINUQ) at Samangli Road, Quetta illegal. 

It was also requested that the court ordered that construction work at the site should be stopped immediately.

It was further stated in the petition that the BINUQ was the only hospital in the province where kidney patients were treated. “People from far-flung areas of Balochistan visit the hospital for the treatment of their kidney.”

“Not only the flyover is being built on the hospital’s land, but it is also quite close to it, which could endanger the lives of the patients,” read the petition, adding that already the construction work was obstructing the movement of ambulances.

Furthermore, it was said that the presence of heavy machinery, dust and noise at the site hade made the hospital’s environment insecure.

The petitioner said that the hospital’s land was being used without any legal action. “Neither any notice has been served nor compensation has been given under the Land Acquisition Act, 1894,” he said, adding that this constituted the violation of the right of ownership under articles 23 and 24.

The petitioner went on to say that only the payment of compensation could not make up for the violation of basic rights.

He informed the court that the hospital’s administration had filed a petition in the Balochistan High Court, which granted it interim relief.

The petitioner also informed that the hospital’s administration had proposed the construction of an underpass at the site.

Reporter: Amanat Gishkori