1989 PLP 4619 (MLD)
GULSHAN-E-USMAN SOCIAL WELFARE ASSOCIATION — Petitioner Versus KARACHI DEVELOPMENT AUTHORITY and others — Respondents
| Citation | 1989 PLP 4619 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Nasir Aslam Zahid and Ahmad Ali U. Qureshi, JJ |
| Parties | GULSHAN-E-USMAN SOCIAL WELFARE ASSOCIATION — Petitioner Versus KARACHI DEVELOPMENT AUTHORITY and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1989 PLP 4619 (MLD)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 4619 (MLD)?
The case was heard and decided by the Karachi bench comprising: Nasir Aslam Zahid and Ahmad Ali U. Qureshi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 4619 (MLD) (GULSHAN-E-USMAN SOCIAL WELFARE ASSOCIATION — Petitioner Versus KARACHI DEVELOPMENT AUTHORITY and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Muzaffarul Haque for Petitioner.
- Date of hearing: 29th December, 1985.
Headnotes / Summary
Art.199--Constitutional jurisdiction, exercise of--Petitioner organization claiming carrying on teaching Holy Quran to students and other persons, not only was occupying plot in dispute without permission of Authority, but also had raised unauthorised construction over that plot--Petitioner organization had no right to neck any relief under Constitutional jurisdiction of High Court
Contention of petitioner, that application for allotment of disputed plot and regularisation of unauthorised Construction was made to Authority--Court however directed Authority to take decision on application of petitioner expeditiously.
Judgment & Decree
NASIR ASLAM ZAHID, J.--Misc. No. 2135/85, as urgent application is granted.
2. This is an exemption Application. Misc. No. 2136/85 is granted.
3. It is an admitted position that the land, in which Darul Uloom has been set up by the petitioner organisation, has not been transferred or allotted to them by any authority. It is also clear from the contents of the Memo of Petition that the construction, that has been raised upon the plot, is also not authorised. However, it is submitted by the learned counsel that application has been made to K.D.A. for allotment of the plot in favour of the petitioners organization and regularisation of the unauthorised construction. Apparently the petitioners have no right under the law to seek any relief in these circumstances from this Court under the Constitutional jurisdiction. However, in the circumstances of the case, we direct K.D.A. to take a decision expeditiously on the application made by the petitioner organisation for allotment of the plot and for regularisation of the unauthorised construction on the plot. According to the petitioner, they are carrying on the task of teaching Holy Quran to various students and young persons in the area and we hope that a decision will be taken on their application in the shortest possible time. With this observation the petition is dismissed.
4. This has become infructuous. Copy of this order may be sent on Court motion to KD.A. and also a copy to the legal Adviser to KD.A. Mr. S.H. Kizalbash, Advocate. H.B.T./G-144/K Petition dismissed.