2008 PLP 1445 (CLC)
ASIF FAROOQ — Petitioner Versus CITY DISTRICT GOVERNMENT, KARACHI through City Nazim and another — Respondents
| Citation | 2008 PLP 1445 (CLC) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | ASIF FAROOQ — Petitioner Versus CITY DISTRICT GOVERNMENT, KARACHI through City Nazim and another — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2008 PLP 1445 (CLC)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 1445 (CLC)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 1445 (CLC) (ASIF FAROOQ — Petitioner Versus CITY DISTRICT GOVERNMENT, KARACHI through City Nazim and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Naveed Ahmed Khan for Petitioner.
- Zafar Ahmed along with Abdul Malik Khan, D.O. (Revenue) and Amjad Hussain, D.D.O. Land Revenue for Respondents.
Headnotes / Summary
Art. 199
Constitutional petition
Demolition of construction
Explanation given by the official ordering such demolition was that he had ordered the same on the instructions of high-ups and had not initiated the action on his own
Held, explanation had no force, official should have scrutinized the matter and considered the claim of the occupant of the plot before demolition and should have also verified as to whether the lease deed as claimed was executed by the City District Government through its official or not
High Court observed that in such a situation he should be careful in future and directed to deposit the cost imposed on him with the Nazir of the Court
Allowing the constitutional petition, High Court further observed that huge plot of 510 square yards had been allotted in Katchi Abadi, which was contrary to the very policy of the Government as allotment of smaller plots would have been more appropriate to accommodate more people and that too in a planned way.
Judgment & Decree
After hectic efforts and several directions, Amjad Hussain, D.D.O., Land Revenue, has been produced by Mr. Zafar Ahmed. He stated that he was not aware of the pendency of the petition nor was going to his job as he was waiting for posting and immediately after intimation in this respect, he has attended. After going through the lease dated 9-10-1997 he states that the same bears his signature and he has executed the said lease on the basis of instructions from highups as well as according to the layout plan submitted to him. He further submits that at the time of lease there was about 25% construction on the plot in an unplanned way. In the given circumstances, Abdul Malik Khan was required to explain his position as to how and under what authority he demolished that construction on the said plot and why he has termed that lease as an illegal document. Abdul Malik Khan, D.O. Revenue, submits that he has acted on the basis of the instructions of high-ups and has not initiated the action on his own. The explanation given by Abdul Malik Khan has no force as he would have scrutinized the matter and would have considered the claim of the occupant of the plot before demolition and would have also verified as to whether the lease deed was executed by the C.D.G.K. through its official or not. In such a situation, he should be careful in future and is directed to deposit the cost imposed on him earlier within three days with the Nazir for its onward transmission to High Court Clinic. Mr. Zafar Ahmed is directed to submit the receipt with the Nazir and report the matter. With this observation we allow the petition and restrain the C.D.G.K. from interfering in the right of the petitioner. We also observe that huge plot of 510 square yards has been allotted in Katchi Abadi, which is contrary to the very policy of the government as smaller plots will be more appropriate to accommodate more people and that too in a planned way keeping in mind the square and rectangle shape of the plot, which is missing in this petition. The petition stands disposed of along with the listed applications in above terms. M.B.A./A-74/K Order accordingly.