PAF Golf Club allowed to construct building, but with conditions.

In an ongoing dispute between several residents of Peshawar's Shami Road, an upscale area of the provincial capital, and the PAF Golf Club over construction of a multi-storey building in the area, the Peshawar High Court recently allowed the club to continue with the construction work, but with the conditions that the building would not be used for commercial purposes and privacy rights of the area people would be respected.

Dr Shahkar and some other residents of Shami Road had filed a petition before the high court, requesting it to order stoppage of the construction work.

They claimed that the multi-storey building was that of a proposed cinema hall and commercial plaza which violated privacy of people and the said land could not be used for commercial purposes under the law.

While the PAF Golf Club authorities denied that they had been constructing a cinema hall and plaza, they said that they had been constructing a multipurpose hall that would be used by the golfers for routine training of caddies and staff and would be reserved for the members only.

The authorities had also disowned an advertisement wherein it was mentioned that the construction was for commercial purposes.

The bench of Justice Mohammad Nasir Mahfooz and Justice Syed Arshid Ali disposed of the petition on Dec 22 and has recently released the detailed judgment.

'Keeping in view the legal and factual aspect of the matter, we feel that after disowning the advertisement for using the premises of the Golf Club for commercial purposes, the said construction could be allowed to be used for providing additional facilities to the golfers only,' the bench ruled.

The bench directed that the construction should not in any manner violate the privacy right of the residents of the area.

'In case, any window has been opened facing the residential area, the same must be closed and if possible the respondents may avoid large-scale gatherings,' the bench ruled.

The court ordered that any slight indication for conversion of the building into commercial use would definitely be a ground available with the petitioners or any other residents of the area, to invoke jurisdiction of the high court so that the present proceedings were not misinterpreted as to allow the commercial use.

The bench observed that even the lawyers appearing for respondents (PAF and federal government) made a commitment that no commercial activities would be carried out on the premises of golf club.

Advocate Zahid...