Sub-division of plot

Petitioner claimed to be a social worker and assailed sub-divisions of plot in respondent housing society and illegal constructions thereon

Validity

After sub-division of plot in question area would come to 425 square yards, which was within the permissible limit as mentioned under R.18-3-1.3 of Karachi Buildings and Town Planning Regulations, 2002

High Court declined to draw any adverse inference against owners of plot as division of plot was within the permissible limit

From location of plots in question it could neither be pleaded nor averred that plots were in the vicinity of petitioner's property and their construction would affect property of petitioner

Constitutional petition was disposed of accordingly.

Petitioner was lessee of plot and in the year, 1982, she applied for sub-division of the same and conversion of Cantt Code lease into Regular lease

No Objection Certificate was issued by authorities subject to surrender of 25% area in favour of government

Validity

Petitioner submitted her willingness certificate signed by her in which she stated that she was willing to surrender 25% area of total land and also assured authorities that she would take no objection in future for any kind of litigation in such regard

Physical possession of surrendered area was handed over to government in presence of its representative and the same land was re-classified and allotted there to subsidiary survey number

All such formalities were completed up to the year, 2000

Land in question was still in possession of authorities, thus it was a case of past and closed transaction which could not be reopened in new policy as it was a settled matter

Constitutional petition was dismissed in circumstances.