2007 PLP 3171 (YLR)
Syed MAZHAR ALI GILLANI — Petitioner Versus CITY DISTRICT GOVERNMENT, KARACHI and 2 others — Respondents
| Citation | 2007 PLP 3171 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Sabihuddin Ahmed and Amir Hani Muslim, JJ |
| Parties | Syed MAZHAR ALI GILLANI — Petitioner Versus CITY DISTRICT GOVERNMENT, KARACHI and 2 others — Respondents |
| Primary Law | Karachi Development Authority Order (5 of 1957) |
Q1: What are the key laws and sections cited in 2007 PLP 3171 (YLR)?
This judgment primarily cites: Karachi Development Authority Order (5 of 1957) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 3171 (YLR)?
The case was heard and decided by the Karachi bench comprising: Sabihuddin Ahmed and Amir Hani Muslim, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 3171 (YLR) (Syed MAZHAR ALI GILLANI — Petitioner Versus CITY DISTRICT GOVERNMENT, KARACHI and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Islam Hussain for Petitioner.
- Manzoor Hussain for Respondent No.1.
- Shahid Jameel-ul-Din for Respondents No.2 and 3.
- On the last date the respondents were directed to show whether commercialization of an amenity plot .for a hospital was effected through amendment under the Zonal Plan Scheme under. Article 40(3) or by way of a exceptional measure under Article 40(4). Mr. Manzoor Ahmad, appearing for respondent No.1, has not been able to make a firm statement and requests for an adjourmnent.
- 2. Mr. Shahid Jameeluddin, learned counsel for respondents Nos.2 & 3, however has brought to our attention a Notification dated 4th October, 1994, containing substitution of clauses (2) to (4) of and the explanation to 'Article 52-A the K.D.A Order by the following clauses:---
Headnotes / Summary
Art.52-A
Constitution of Pakistan (1973, Art.199
Constitutional petition
Commercialization of amenity plot
Authorities were directed to show, whether commercialization of an amenity plot for a hospital was effected through amendment under Zonal Plan. Scheme or by way of exceptional measure
Notification dated 4-9-1994 containing substitution of clauses (2) to (4) and explanation to Art.52-A of Karachi Development Authority Order, 1957, showed no amenity plot reserved` for the purposes mentioned in clause (1) of said Order, would be converted to or utilized for any other purposes
Once law had expressly forbidden conversion or utilization of amenity .plot for any other purpose, such conversion could neither be effected by way of amendment of Zonal Plan nor through special permission.
Judgment & Decree
On the last date the respondents were directed to show whether commercialization of an amenity plot .for a hospital was effected through amendment under the Zonal Plan Scheme under. Article 40(3) or by way of a exceptional measure under Article 40(4). Mr. Manzoor Ahmad, appearing for respondent No.1, has not been able to make a firm statement and requests for an adjourmnent.
2. Mr. Shahid Jameeluddin, learned counsel for respondents Nos.2 & 3, however has brought to our attention a Notification dated 4th October, 1994, containing substitution of clauses (2) to (4) of and the explanation to 'Article 52-A the K.D.A Order by the following clauses:
" 1. (1) This Act may be called the Karachi Development .Authority (Sindh Amendment) Act, 1994. (2) It shall come into force on and from 2nd May, 1994.
2. In the Karachi Development Authority Order 1957, in Article 52-A, for clauses (2), (3) and (4) and Explanation. thereunder, the following shall be substituted:
(2) No amenity plot reserved for the purposes mentioned in clause (1) shall be converted to or utilized for any other purposes. (3) The Karachi Development Authority (Sindh Amendment) Ordinance, 1994 is hereby repealed." Indeed the above amendment overtakes the controversy inasmuch as once the law expressly forbids conversion or utilization of an amenity plot for any other purposes, such conversion could neither be effected by way of amendment of Zonal Plan nor through special permission. In view of the above, we find no substance in the petition and are constrained to dismiss this petition in limine along with the listed application.
3. We appreciate the assistance rendered by, Mr. Shahid Jameeluddin Khan. H.B.T./M-117/K Petition dismissed.