LAHORE, June 2: The Lahore High Court on Saturday observed that it was the basic duty of state to protect life and property of citizens. Similarly, the observation added that it was an inalienable right of every citizen to have the protection of law in matter of danger to life or property.

Justice Syed Shabbar Raza Rizvi of the LHC further observed that: “Seeing the existing condition on the roads in the province under the control of federal government or provincial government, I am not satisfied that the state functionaries are performing their functions for protecting life and property of people as required under the Constitution.”

The judge gave these observations while proceeding into a petition filed by Jalal Flying Coaches, Sheikhupura, challenging that the Punjab Communication and Works Department was not allowing it to use service areas on highways.

The petitioner submitted that his transport company was plying buses on nine routes and fulfilled the rules and regulations for using the areas, but the respondent in connivance with other influential transport companies would restrain it from carrying out its business.

He prayed the court that the respondent be directed not to put hindrances in the operations.

Communication and Works secretary, on court’s orders, submitted a report after taking some decisions pertaining to removal of encroachments on highways and checking violations to law.

According to the report, section 6 of the Punjab Highways Ordinance 1959 provides for a mechanism for removal of encroachments from the provincial highways.

Section eight of the Ordinance provides for regulation of structures constructed on the land within 220 feet from the middle of the highway, the report said with addition that sub-engineer was empowered to serve a notice for removal of encroachments within 24 hours.

If the notice was not complied with, the highway authority itself might remove the encroachments with the help of local administration and police, the report further said.

The secretary also admitted that the mechanism had become dormant which resulted into present chaos and mockery of law.

He further stated that a meeting, on court’s orders, was held wherein certain decisions were also taken. The judge appreciated the effort of the C&W department reflected in preparing the report, and observed that it should be made a regular feature.

The judge observed that laws were made and enforced forever, they were not meant for a certain period or deponent upon incumbency of certain individual only. The laws, he said, were made to regulate and facilitate the life of people forever.

The report also pointed out some difficulties faced by the department in the implementation of the mechanism, including non-cooperation from other departments.