2007 PLP 1780 (MLD)
AL-HIJAZ EDUCATIONAL SOCIETY through President, Karachi — Petitioner Versus CITY DISTRICT GOVERNMENT through Nazim, Karachi and 2 others — Respondents
| Citation | 2007 PLP 1780 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | AL-HIJAZ EDUCATIONAL SOCIETY through President, Karachi — Petitioner Versus CITY DISTRICT GOVERNMENT through Nazim, Karachi and 2 others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2007 PLP 1780 (MLD)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1780 (MLD)?
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: 2007 PLP 1780 (MLD) (AL-HIJAZ EDUCATIONAL SOCIETY through President, Karachi — Petitioner Versus CITY DISTRICT GOVERNMENT through Nazim, Karachi and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rashiuddin Ahmed for Petitioner.
- Manzoor Ahmed and Ahmed Prizada, A.A.-G. for Respondents.
Headnotes / Summary
Art.199
Constitutional petition
Petitioner Society, claimed that it being an Educational Society, was entitled to allotment of amenity plots in question for establishment of School as had been done in the case of other organizations
No documents had been brought on record to show that at any point of time authorities had ever acceded to such request of the petitioners
Petitioners had. failed to show anything from the record which conferred vested right in their favour for allotment/grant of amenity plots to them in violation of general policy, of disposal of amenity plots through open public auction
Plea of discrimination raised by the petitioners was also vague and not supported with any material on record
Petitioners without any legal entitlement over amenity plots in question, had unauthorisedly occupied the same and raised construction of boundary walls, which had already been demolished by, the Development Authority
Petitioners having no lawful title in the said two amenity plots, same as per existing policy, were to be disposed of only through open public auction.
Judgment & Decree
The petitioner claiming themselves to be registered society under the Societies Registration Act of 1860, have preferred this constitutional petition for seeking allotment of amenity Plots Nos. ST-34 and ST-35, Block-15, Gulistan-e-Jauhar, Scheme No.36, Karachi.
2. Briefly stated their case is that the petitioners society is an educational, Society and is entitled for allotment of these amenity plots for establishment of school as has been done in the case of other organizations. In the memo. of petition the petitioner have unfolded some facts to show that they had been .pursuing for allotment of these amenity plots since the year, 1994. However, no documents have been brought on record to show that at any point of time respondents had ever acceded to such request of the petitioners.
3. Learned counsel for the petitioners had failed to show us anything from the record which confers vested right in favour of petitioners, for allotment/grant of amenity plots to them in violation of general policy of disposal of amenity plots through open public auction. Further the plea of discrimination raised by the petitioners is also vague and not supported with any material on record. '
4. It seems that without having any legal entitlement over these two amenity plots the petitioners have unauthorisedly occupied the same and raised construction of boundary walls which has already been demolished by the KDA, being unauthorized and illegal, and such action .of respondents had given cause of grievance to the petitioners for filing this petition.
5. Since the petitioners have no lawful title in the two amenity plots Nos. ST-34 and ST-35, Block-15, Gulistan-e-Jauhar, Scheme No. 36, Karachi and as per existing policy, same are to be disposed of only through open public auction, as stated by the learned counsel for City District Government, this petition is wholly misconceived and it is accordingly dismissed in limine along with listed application. H.B.T./A-83/K Petition dismissed.