WELFARE ASSOCIATION OF THE FIELD ORGANIZERS OF WEEKLY BAZAR, KARACHI
This matter concerns a group of organizers of weekly 'Bachat Bazars' (discount markets) who challenged the requirement imposed by Town Municipal Authorities to obtain No-Objection Certificates (NOCs) for operating these markets on vacant plots. The core legal question was whether any law mandates obtaining an NOC from a public authority to conduct such business and whether the government can restrict the use of private or public land for this purpose. The Court held that there is no statutory requirement for an NOC from a public authority to organize such markets. However, it affirmed that individuals cannot conduct business on property owned by others, including public authorities, without the owner's permission. The Court ruled that while the right to trade is guaranteed under the Constitution, it remains subject to the owner's consent and applicable land-use laws. The key principle laid down is that the right to carry on a lawful trade does not grant an automatic right to utilize public or private property without the owner's permission, though public authorities must exercise their discretion to grant or deny such permission fairly and without discrimination.
- Is there a legal requirement to obtain a No-Objection Certificate from a public authority to organize weekly Bachat Bazars?
- Does the right to carry on a lawful trade under Article 18 of the Constitution of Pakistan 1973 include the right to use public property without the owner's permission?
- Can a public authority deny permission to conduct business on its property arbitrarily?
- Does an owner of a private plot require an NOC from a public authority to organize a Bachat Bazar on their own land?
- Price Control and Prevention of Profiteering and Hoarding Act, 1977
- Article 18, Constitution of Pakistan 1973
- Section 180, Sindh Local Government Ordinance 2001
SABIHUDDIN AHMAD, J.---Since Constitutional Petition No,D-452 of 2002 had already been admitted, we decided to admit all these petitions to regular hearing and decided to dispose them of simultaneously as all necessary parties are duly represented. Basically the petitioners who were organizing Bachat Bazaars on vacant plots in different parts of the city appeared to be aggrieved by the failure of the Town Municipal Authorities to grant No-Objection Certificates to the petitioners for organizing such Bazars.
2. By way of necessary background it may be stated that the Bureau of Supply and Prices, Government of Sindh primarily required to perform functions delegated to the Province by the Controller-General of Prices under the Price Control and Prevention of Profiteering and Hoarding Act, 1977, had, inter alia, taken upon itself the functions of organizing Bachat Bazars and Mangal/Jumma Bazars in the City to enable growers, manufacturers and stockists to sell essential commodities at reasonable rates. As a matter of practice such Bazars came to be organized by different groups of stockists after obtaining No-Objection Certificates from the Bureau of Supply. It may be pertinent to mention that there appears to be no law requiring that such certificate had to be obtained from the Bureau.
3. Be that as it may, it appears in April, 2002 the Sindh Government decided to wind up the Bureau of Supply and Prices and further decided in principle that the function of organizing such weekly bazars would be entrusted to the District Government. However, it is admitted either by the Sindh Government or the City District Government. The learned A.A.-G. has however, pointed out that upon abolition of the Bureau of Supply and Prices, the functions under the 1977 Act entrusted to the Director-General of the Bureau have since been delegated to the Secretary, Agriculture, Livestock and Fisheries Department, Government of Sindh under a notification of the Sindh Government.
4. In any event since there appears to be no requirement of law stipulating that a person can only sell commodities after obtaining any permission/NOC from any person or authority, we are of the view that the assumption that such NOC must be obtained from a public authority is unfounded. It may be recalled that Article 18 of the Constitution guarantees the rights to carry on a lawful trade or business to any person subject to any qualifications prescribed by law and subject to certain Constitutionally ordained exceptions.
5. Nevertheless Mr. Manzoor Ahmad, learned Legal Advisor to the City District Government argued that the properties which earlier vested in the K.M.C. or Zonal Municipal Committees now stand vested in the City District Government under section 180 of the Sindh Local Government Ordinance and nobody can be allowed to carry on business on the property belonging to the City District Government without its permission. Indeed the contention is well founded as nobody could be assumed to have a right to carry on business on the property of another without permission from the owner. We would, therefore, hold that the petitioners or any other person may carry on business of Bachat Bazars only after obtaining permission from the owner of the property. It may be clarified that in case the owner is a public authority, it shall exercise the discretion of allowing a person to conduct such business honestly and fairly without any discrimination but subject to such restriction as it may impose in the public interest and for protection of properties. It is expressly clarified that no such business would be allowed to be conducted, on amenity plots or on any other properties on which conduct of business is restricted by law. As far as C.P. No,D-452 of 2002 is concerned, it may be mentioned that since petitioner wants to organize a Bachat Bazaar on his own plot, he cannot be called upon to obtain any NOC.
6. For the foregoing reason we are of the view that the business of organizing weekly Bazars can be carried without a No-Objection Certificate from any public authority but subject to the permission from the owner, with or without conditions and subject to any restriction as regards the use of plot imposed by any law. At the same time the successor of the Bureau of Supply or any other public authority will have the right to monitor the price and quality control if so permitted by law.
All these petitions stand disposed of accordingly alongwith listed applications.