2009 PLP 360 (SCMR)
AFTAB ALAM and others — Petitioners Versus CITY DISTRICT GOVERNMENT, KARACHI and others — Respondents
| Citation | 2009 PLP 360 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saiyed Saeed Ashhad, Muhammad Moosa K. Leghari and Zia Perwez, JJ |
| Parties | AFTAB ALAM and others — Petitioners Versus CITY DISTRICT GOVERNMENT, KARACHI and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2009 PLP 360 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 360 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saiyed Saeed Ashhad, Muhammad Moosa K. Leghari and Zia Perwez, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 360 (SCMR) (AFTAB ALAM and others — Petitioners Versus CITY DISTRICT GOVERNMENT, KARACHI and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- K.A. Wahab, Advocate-on-Record for Petitioners.
- Akhlaq Ahmed Siddiqui, Advocate-on-Record for Respondent No.2.
Headnotes / Summary
(On appeal from the order, dated 12-2-2008 of the High Court of Sindh, Karachi passed in C.Ps. Nos.D-1659 of 2006, 62 and 317 of 2007).
Art. 185(3)
Grievance of the petitioner which led to the constitutional petition before High Court, was based on presumed narrowing of the road in front of his plot on account of alteration in the policy by the City District Government, in ordering construction of shops between the plot of the petitioner and the road
During the course of proceedings of the constitutional petition in the High Court, it had thus been stated on behalf of the City District Government that road in front of the plot of the petitioner would not be narrowed from 50 feet irrespective of the fact that the shops would be constructed between the plot of the petitioner and the road
Interest/right of the petitioner had thus been sufficiently safeguarded and petitioner was unnecessarily having fear of narrowing of road in front of his plot
City District Government, had clarified that creation of new residential/ commercial plots in the different sectors of the Scheme, redevelopment of project would be made with the approval of concerned authorities and in accordance with the rules of Master Plan Group of offices
Such clarification had further safeguarded the interest of the petitioner
No interference, was called for with the impugned order
Petition for leave to appeal was dismissed.
Judgment & Decree
SAIYED SAEED ASHHAD, J.
This petition for leave to appeal assails the judgment of the High Court of Sindh dated 12-2-2008 in Constitutional Petition No. D-1659 of 2006.
2. The grievance" of the petitioner which led to the above constitutional petition was presumed narrowing of the road in front of his plot on account of alteration in the policy by the City District Government, Karachi, in ordering construction of shops between the plot of the petitioner and the road. During the course of proceedings of the constitutional petition in the High Court, it had been stated on behalf of the City District Government, Karachi that the road in front of the plot of the petitioner would not be narrowed from 50 feet irrespective of the fact that the shops would be constructed between the plot of the petitioner and the road. On the basis of such statement, the petition was disposed of in the following terms:-- "The excess land in between the road and the plots is needed for further rehabilitation of needy persons, therefore, keeping in view the equity as well as the requirement of the project and accommodation of other persons the relief claimed in these petitions cannot be granted. Hence, all the three petitions are dismissed with the directions that the 50 feet wide road which is being planned will not be narrowed and will remain 50 feet wide, if ever certain shops in between the plots and road are constructed."
3. From the perusal of the above paragraph, it is abundantly clear that the interest/right of the petitioner has been sufficiently safeguarded and now the petitioner is unnecessarily having fear of narrowing of road in front of his plot. It will also be useful to refer to letter, dated 2642-2006 of the City District Government, Karachi, wherein it has been clarified that creation of new residential/commercial plots in different sectors of Scheme 35 Lines Area. Redevelopment Project, would be made with the approval of and in accordance with the rules of Master Plan Group of Offices. This letter further safeguards the interest of the petitioner.
4. For the foregoing facts and reasons, no interference is called for with the impugned order. Accordingly, this petition is disposed of in the above terms. H.B.T./A-37/SC Petition dismissed.