Case Details

Citation(s)
2013 SLG 787 2013 SLD 787 2013 CLC 1095
Islamabad High Court
Writ Petitions Nos.2222 of 2008 and 2401 of 2009, decision dated: 13-03-2013
SHAUKAT AZIZ SIDDIQUI, J

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Syed WAQAR HUSSAIN GILLANI

VS

CAPITAL DEVELOPMENT AUTHORITY and others

Law: Capital Development Authority Ordinance (XXIII of 1960)

Section: 14A,11,12

Law: Capital Development Authority Ordinance (XXIII of 1960)

Section: 14A,11,12

Law: Constitution of Pakistan, 1973

Section: 9,26,199

(a) Capital Development Authority Ordinance (XXIII of 1860)-------S. 14-A---Playgrounds, parks, green belts and other places of public use belong to all citizens of the country, whether belonging to urban areas or coming from rural background, more particularly residents of that vicinity and the city, where such places are located---Such places come in the joint ownership and constructive possession of all citizens, which is a constitutionally guaranteed right. (b) Capital Development Authority Ordinance (XXIII of 1960)--- ----Ss. 11 & 12---Constitution of Pakistan, Art.199---Constitutional petition---Place meant for playground, subsequently carved out for purported allottees---Effect---Planning Department of CDA, without caring about the Master/Sector Plans, conspired to carve out plots, at the most valuable and significant places, which under no stretch of imagination could be described as bona fide act and lawful device---Allotments made in favour of allottees were cancelled. (c) Capital Development Authority Ordinance (XXIII of 1960)--- ----Ss. 11 & 12---Carving out of plots meant for playground---Plots carved out were not in the area of cricket ground, rather outside the playing area of the same---Effect---Ground of any sport, more particularly cricket were not reduced to pitch and playing area inside boundary line, rather facilities like gym, tennis/squash courts, swimming pool, pavilion, dressing room, spectators place are essential---Capital Development Authority was bound to add such facilities instead of shrinking the areas of playground by carving out plots in the same---Places belonging to public at large are like trust which cast delicate duty upon the civic body to protect and preserve such properties. (d) Constitution of Pakistan-- ----Arts. 9, 26 & 199---Capital Development Authority Ordinance (XXIII of 1960), Ss.11 & 12---Constitutional petition---Disposal of public property---Plots reserved for playground, carved out and allotted to purported allottees---Validity---Act of Capital Development Authority's officials was not less than offence, like criminal breach of trust, cheating and fraud---Civic body was to initiate criminal…
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