Law: Karachi Development Authority Order, (5 of 1957)

Section: 52A

Karachi Development Authority Order, 1957-- ----Art. 52-A--Allotment of disputed amenity plot--Two identical allotments--Ninety nine years lease will be granted on payment of full occupancy value--Payment of compensation--Layout plan was revised--Validity--Disputed plots allotted were carved out from amenity plot/land for public use and such allotment being admittedly made for commercial use was directly in conflict with Art. 52-A of KDA Order, which specifically provided for procedure for seeking of conversion of amenity plot for other use--Admittedly, there is no order whereby use of plot from that of amenity to that of commercial was sanctioned by competent authority in respect of disputed plots--Allotment of disputed plots was made as back but despite having possession, respondent took no steps for raising construction and rather left disputed plots as they were at time of allotment and possession that was a bare site--Such of non-use of disputed plots reflected heavily against him and showed that very purpose of allotment of disputed plots was other-wise than use by respondent as kiosks--Amenity plots cannot be used for commercial exploitation would have definitely been set aside--CDGK so also Government of Sindh would take immediate steps for restoring of amenity/land for public use for which they were exclusively provided in original master plan of city of Karachi--Whole of beach of city of Karachi totally looks barren devoid of any plantation or greenery except much acclaimed Bagh-e-Ibne Qassim, which apparently is not being maintained in a way park of such magnitude is required to be maintained--Government and its department were bound to act justly and fairly with citizens of country and in case of illegal and unlawful conduct of government and its officials of department any loss is caused to citizen of country, same is appropriately be compensated--Respondent can well be compensated by directing refund of amount received from him as occupancy value/price of land by appellant alongwith interest/mark-up from date of receipt of occupancy value/price of land until it is actually refunded--Appeal was partly allowed. JUDGMENT GULZAR AHMED, J.---The brief…

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