2005 PLP 2412 (YLR)

SABIHUDDIN AHMED, J.

The petitioner appears to be aggrieved by the cancellation of allotment of Plot No.C-3, Block, 3, Scheme No.5, Clifton, Karachi (hereinafter mentioned as "the Plot") in his favour. It appears that the plot measuring 600 square yards was allotted to one Abid Fayyaz by the then K.D.A. under the orders of the Chief Minister, Sindh, at the rate of Rs.500 per square yard. However, at the time of delivery of possession a plot measuring 730 square yards was delivered to the aforesaid allottee, who apparently transferred the same to the petitioner through an Agreement of Sale. A formal transfer order in favour of the petitioner was effected on 20-7-1995. However, allotment of the plot was cancelled vide impugned order dated 17-6-1999 on the ground that the plot had been carved out from amenity land meant for K.D.A. nursery and such conversion of amenity land into residential plots was itself illegal. Thereafter a separate part plan was prepared to regularize the aforesaid allotment and copy of part plan dated 3-10-1993 has been placed before us. It appears that such a step was taken once again to regularize other illegally allotted plots in the area and a similar part plan dated 3-8-1996 has also been placed on record. Be that as it may, Article 52-A of the K.D.A. Order, 1957, which came into force in 1962, explicitly requires that an amenity plot could not be converted in any other purpose without inviting public objections. At the same time the Honourable Supreme Court had expressly held in Al Shafique Housing Society v. Pakistan Medical Association PLD 1992 SC 113 that the Chief Minister had no authority whatsoever to allot plots under different schemes of the K.D.A. Nevertheless the officers of the K.D.A. in complete defiance of the law declared by the Honourable Supreme Court and in flagrant violation of statutory provisions proceeded to carve out a residential plot (without inviting public objections) out of an amenity plot only to please the then Chief Minister. Again Article 52-A of the K.D.A. Order was amended through Sindh Act XXIII of 1994 by the legislature and conversion or utilization of an amenity plot for any other purpose was absolutely prohibited. Yet the K.D.A. officers and those in Authority went ahead to perpetuate illegalities by preparing a further plan in 1996, purporting to regularize residential plots carved out from the plot reserved for a nursery under the master plan. We are satisfied that the initial allotment order and conversion of a residential plot from an amenity plot was without jurisdiction and the petitioner cannot be assumed to have acquired any legal rights. In any event the discretionary jurisdiction under Article 199 of the Constitution cannot be allowed to be exercised to promote unjust enrichment. For the foregoing reasons we would dismiss this petition and direct that a copy of the judgment be sent to the Chief Secretary, Sindh and City Nazim, who might proceed against individuals responsible for defiance of law. It is clarified that in case the petitioner can show that he is a bona fide purchaser for valuable consideration, he may approach a competent Civil Court for redress. H.B.T./S-124/K Petition dismissed.