2008 PLP 631 (CLC)
Dr. Hafiz BABAR KHAN through Attorney — Petitioner Versus PAKISTAN through Secretary, Works and Rehabilitation Division, Islamabad and 9 others — Respondents
| Citation | 2008 PLP 631 (CLC) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | Dr. Hafiz BABAR KHAN through Attorney — Petitioner Versus PAKISTAN through Secretary, Works and Rehabilitation Division, Islamabad and 9 others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2008 PLP 631 (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 631 (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 631 (CLC) (Dr. Hafiz BABAR KHAN through Attorney — Petitioner Versus PAKISTAN through Secretary, Works and Rehabilitation Division, Islamabad and 9 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ikram Siddiqui for Petitioner.
- Mr. Manzoor Ahmed, learned counsel for the City District Government Karachi, states that the City District Government Karachi is not the owner of the said plot nor it has ever allotted the same. So also Mr. Fareed A. Dayo, learned Additional Advocate-General states that Sindh Government has no concern with the plot in question.
Headnotes / Summary
Art. 199
Constitutional petition
Clearing plot from the encroachers
Grievance of the petitioner was that the order of the Governor be set aside and plot of petitioner be handed over to him after getting same cleared from all the encroachers
Authority had stated that it was not the owner of said plot nor it had ever allotted the same to petitioner
Impugned order was proper as Authority, could not order to provide the alternate plot as it was not the owner of said plot
High Court observed that petitioner could approach the Society which had allotted the plot to him, which could take further action for removal of the encroachments in accordance with law
Constitutional petition was dismissed.
Judgment & Decree
From the contents of the petition as well as the arguments of the learned counsel, it appears that the grievance of the petitioner is that the order of the Governor dated 14-3-2005 is to be set aside and Plot of the petitioner bearing No.ST-3/5 measuring 1500 sq. yards, Firdous Colony, Karachi, be get cleared from all the encroachers and be handed over to him. It is admitted position that the plot in question is located in Firdous Cooperative Housing Society Ltd. which has given the said plot to the petitioner. Mr. Manzoor Ahmed, learned counsel for the City District Government Karachi, states that the City District Government Karachi is not the owner of the said plot nor it has ever allotted the same. So also Mr. Fareed A. Dayo, learned Additional Advocate-General states that Sindh Government has no concern with the plot in question. In such a situation we observe that the order impugned in this petition dated 14-3-2005 passed by the Governor is proper as the City District Government Karachi (K.M.C) could not order to provide the alternate plot as it was not the owner. The petitioner; however, can approach the society, which has allotted the plot to him who may take further action for removal of the encroachment in accordance with the law. The petition has no merit and is accordingly dismissed along with listed application. H.B.T./H-4/K Petition Dismissed.