Law:

Section:

(a) Karachi Buildings and Town Planning Regulations, 2002----- -----Reglns. 3-3 & 5.4-----Sindh Buildings Control Ordinance (V of 1979), S. 21-A-----Notification No.DCO/CDGK/MPGO/ 2010/25 dated 16-04-2010-----Developing a Housing Scheme-----Approval of layout plan-----Outer Development Charges, enhancement of-----Vested rights-----Scope-----Layout plan of the property was approved by the development authority only on the payment of 50% Outer Development Charges and 50% Charges were to be charged after a period of six months-----Petitioner paid 50% Outer Development Charges whereafter enhanced/revised Outer Development Charges were demanded by the Development Authority-----Contention of Development Authority was that petitioner had failed to pay remaining 50% Outer Development Charges within six months and competent authority had enhanced/revised the said Charges and petitioner was bound to pay the same at enhanced/revised rates-----Validity-----50% Outer Development Charges were to be charged after six months and not within six months-----Development Authority was bound to demand and/ or issue challan for the balance 50% Outer Development Charges after six months to the petitioner but same was not done till the rates of the said Charges were enhanced/revised-----Outer Development Charges were to be calculated on the rates applicable on the date when layout plan was approved-----Petitioner had been condemned unheard and he had been deprived of vested right already accrued in his favour-----Old rates of Outer Development Charges were applicable to those old cases wherein 50% or more Development Charges had already been paid-----New rates of Outer Development Charges were applicable to those old cases where less than 50% Charges had been paid-----Petitioner had already paid 50% Outer Development Charges at the old rates-----Impugned letters were illegal and without lawful authority-----Development Authority was directed to accept 50% balance amount as being Outer Development Charges-----Constitutional petition was disposed of in circumstances. Government of Pakistan through Secretary Ministry of Commerce, Pak. Secretariat, Islamabad v. Messrs Village…