Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Housing Society---Demarcation of land---Layout plan, withdrawal of by the Cantonment Board---Petitioner was a Housing Society and its layout plan comprised of three blocks---Grievance of petitioner Society was that Cantonment Board had issued a letter restricting approval of the Society only to the extent of Block-I on the ground that in demarcation of land Block-II and Block-III of the Society had fallen on defence land under the occupation of Pakistan Air Force---Validity---Claim of Pakistan Air Force was only in respect to 2.6 acres forming part of Block-III, no legal justification for suspension of layout plan in respect of Block-II existed---Letter in question issued by Cantonment Board on the ground that both chunks of Society's land designated as Block-II and Block-III were under occupation of Pakistan Air Force was devoid of any merit, as claim of Pakistan Air Force was only in respect of 2.6 acres, which was complete chunk of land comprising of Block-III of the Society---High Court directed to withdraw letter in question issued by Cantonment Board where layout plans in respect of both Block-II and III were withdrawn / cancelled could only apply to the chunk of land admeasuring 2.6 acres in Block-IIII of the Society, therefore, there was no legal justification for withdrawal or cancellation of layout plan in respect of Block-II---Constitutional petition was allowed of accordingly. THIS JUDGMENT DELIVERED BY: ZULFIQAR AHMAD KHAN, JUSTICE:---.--- The case of the Petitioner, a Housing Society duly registered under the Cooperative Societies Act, 1925 is that, through a ballot conducted by Respondent No. 7 (Board of Revenue, Government of Sindh) where a number of similar societies were allotted chunks of land, the Petitioner was also allotted 45 acres of land in Scheme No. 33, Karachi vide letter dated 25.06.1980 at the rate of Rs.20 per square yard. An agreement to that effect was entered into between Deputy Commissioner Karachi East and the Petitioner. Subsequently, the Petitioner was given three distinct parcels of land admeasuring 30.24, 5.0 and 2.6 acres. Physical possession of 28.00…

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