| Citation(s) |
|---|
| 2004 SLG 2728 2004 SLD 2728 = 2004 PLD 170 |
Sindh High Court
Nemo for Respondent No. 1., Abbas Ali, A.A.-G. forRespondent No. 2., Ms. Rizwana Ismail for Respondent No. 3.,DATE of hearing: 12th September, 2003., ConstitutionalPetition No. D-1066 of 1995, decided on 5th November, 2003
S.A. SARWANA AND MUHAMMAD MUJEEBULLAH SIDDIQUI, JJ
Mushtaq A. Memon for Petitioners.Nemo for
Respondent No. 1.Abbas Ali, A.A.G. for
Respondent No. 2.Ms. Rizwana Ismail for
Respondent No. 3.
Nemo for Respondent No. 1., Abbas Ali, A.A.-G. forRespondent No. 2., Ms. Rizwana Ismail for Respondent No. 3.,DATE of hearing: 12th September, 2003., ConstitutionalPetition No. D-1066 of 1995, decided on 5th November, 2003
S.A. SARWANA AND MUHAMMAD MUJEEBULLAH SIDDIQUI, JJ
Mushtaq A. Memon for Petitioners.Nemo for
Respondent No. 1.Abbas Ali, A.A.G. for
Respondent No. 2.Ms. Rizwana Ismail for
Respondent No. 3.
FUNFAIR (PVT.) LIMITED and anothervsKarachi DEVELOPMENT AUTHORITY and 2 others
Law: Karachi Development Authority Order, (5 of 1957)
Section: 52-A
Law: Civil Procedure Code (V of 1908)
Section: 9
Law: Constitution of Pakistan, 1973
Section: 199
(a) Karachi Development Authority Order, (5 of 1957)-------Art. 52-A---Civil Procedure Code (V of 1908), S.9---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Allotment of amenity plot, for use of commercial-cum-amusement park---Authority, after executing lease in favour of petitioner, allowed commercialization of entire plot subject to payment of necessary charges, which he partly deposited---Authority later on alleged such plot to be an amenity plot and cancelled its allotment---Contention of petitioner was that after lease, a right in rem had accrued in his favour, which could not be -disturbed arbitrarily and unilaterally---Validity---Subject plot could .be inferred to be an amenity plot from documents placed on record---Recording of evidence and then its sifting and scrutiny of entire record was necessary for giving conclusive findings on such point---After determination of status of plot being a disputed question of fact, other issues emanating therefrom and law applicable thereto, could be considered and decided--�Amenity plot for park was a public property involving rights of millions of citizens---Such issue required consideration on much wider plane and in perspective of a broader horizen keeping in view public interest at law as well as environmental issues---Such issue was beyond the scope of petition under Art.199 of the Constitution and same could only be thrashed out in a properly constituted proceedings before a Civil Court--�High Court dismissed Constitutional petition. Amir Shah v. Ziarat Gul 1998 SCMR 593 ref.(b) Maxim-------"Secondum allegata et probata": A party can succeed according to what was alleged and proved. Amir Shah v. Ziarat Gul 1998 SCMR 593 fol.(c) Constitution of Pakistan (1973)-------Art. 199---Disputed questions of facts---Such questions could not be decided in, exercise of Constitutional jurisdiction under Art. 199 of the Constitution. JUDGMENT MUHAMMAD MUJEEBULLAH SIDDIQUI, J.---Through this petition the following relief is sought:-- (i) To declare the order contained in Letter No.KDA/DLM/APC/65 dated 26th April, 1995 of respondent No.1 and No.SO.II(KDA) 6-424 of 1995 dated…