2011YLR 539 (PLP)
MUHAMMAD RAMZAN and 3 others — Petitioners Versus CITY DISTRICT GOVERNMENT KARACHI through Deputy Director (Land) and 4 others — Respondents
| Citation | 2011YLR 539 (PLP) |
| Forum / Court | Karachi |
| Bench Members | Mushir Alam and Safdar Ali Bhutto, JJ |
| Parties | MUHAMMAD RAMZAN and 3 others — Petitioners Versus CITY DISTRICT GOVERNMENT KARACHI through Deputy Director (Land) and 4 others — Respondents |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2011YLR 539 (PLP)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011YLR 539 (PLP)?
The case was heard and decided by the Karachi bench comprising: Mushir Alam and Safdar Ali Bhutto, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011YLR 539 (PLP) (MUHAMMAD RAMZAN and 3 others — Petitioners Versus CITY DISTRICT GOVERNMENT KARACHI through Deputy Director (Land) and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Islam Hassan for Petitioner.
- Safdar Hussain Shah Bukhari for Respondent No.5.
Headnotes / Summary
Art. 199
Constitutional petition--Regularization of Katchi abadi
Petitioners had impugned action of authorities, whereby the encroachment had been made on the road and lane of the area where the petitioner resided
Area in question was a Katchi abadi, which later on was regularized on the basis of possession
No standard criteria or principles had been laid down while carrying out the regularization of the property in possession of various occupants and any order passed would affect a long number of the occupants and residents of the area
High Court while dismissing the constitutional petition, directed the authorities to adhere to the minimum criteria while regularizing any Katchi abadi and it should be ensured that all the properties were properly aligned with proper demarcation and alignment providing egress and ingress
Public functionaries should ensure that al the civil agencies utility service provided were given easy access and approach
Such aspect and guideline should be adhered to at the time of its regularization in future. Manzo Ahmed for C.D.G.K.
Judgment & Decree
The petitioners have impugned action of the respondent C.D.G.K. and other Regulatory Authorities whereby the encroachment has been made on the road and lane of the subject area where the petitioner resides. Comments have been filed. Nazir's report has also been placed on record. It appears that the area of Mehmoodabad was a katchi abadi. Later on it was regularized on the basis of possession and it is apparently for this reason that no standard criteria or principles have been laid down while carrying out the regularization of the property in possession of the various occupants. The area of Mehmoodabad is quite old and lease have been executed by the authority pursuant to the orders of controlling authority as far back as on 8-7-1958. People have built R.C.C. construction; any order to be passed would affect a large number of the occupants and residents of the area. Under the circumstances while dismissing this petition, we would direct the respondent No.1 to adhere to the minimum criteria while regularizing any Katchi abadi it should be ensured that all the properties or property are properly aligned with' proper demarcation and alignment providing egress and ingress, maintain sufficient length and with for the lights, air, street and the footpath, open area, essential for conducive living environment as is required in any housing or towning scheme while regularizing any Katchi Abadi public functionaries like respondents Nos. 1 to 3 should ensure that all the Civil Agencies Utility Services provided are given easy access and approach to and from each street/road that are planned in such settlement. This aspect arid guideline should be adhered in any katchiabadi at the time of its regularization in future. Under this circumstance the petition stands disposed of in terms of the above along with the pending listed applications. H. B.T./M-123/K. Order accordingly.