Law:

Section:

(a) Karachi Development Authority Order (V of 1957)-------Arts. 40 & 52-A---Housing scheme---Amenity plot---Layout plan of housing scheme, alteration/amendment in---Relocation of amenity plot within the housing scheme at planning stage of the scheme and before its public advertisement---Permissibility---Present case was a case of relocation rather than conversion of an amenity plot at the embryonic stage of development of the scheme---When the disputed amendment in the layout plan was approved for relocating the amenity plot, the scheme was still at the planning and project implementation stage and the infrastructure and facilities of the housing scheme had not been implemented and its plots had not been announced for sale---Residents objecting to the amendment in the layout plan were neither residents nor owners of property in the housing scheme at the time when the layout plan was amended---Disputed relocation of the amenity plot did not eliminate or reduce the amenity area but actually increased its size from 1200 sq. yards to 2000 sq. yards---Nothing on record suggested that the amended layout plan was imbued with finality because neither was it notified under Art. 52-A(1) of the Karachi Development Authority Order, 1957, nor was it represented or was advertised to the public for securing the sale of plots in the scheme---Amendment in the layout plan, that was neither notified nor executed or represented to the public, could not become basis for asserting third party's vested rights---Relocation of the disputed amenity plot from one commercial area to another within the settlement scheme fully complied with the relevant regulations prescribing land usage ratios reserved for commercial areas and also for amenity plots in the housing settlement in question---Article 52-A of the Karachi Development Authority Order, 1957, was not applicable to the amended layout plan in the present case---Supreme Court observed that judicial intervention was not required in the present case, however, it was without prejudice to the enforcement of Arts. 40 & 52-A of the Karachi Development Authority Order, 1957, by residents/owners from the public against amendments made after…

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