| Citation(s) |
|---|
| 2018 SLG 1326 2018 SLD 1326 2018 PLD 468 |
Dates of hearings:7th, 20th to 22nd, 28th February, 6th, 14th, 21st to 22nd and 27th March, 2018 (Judgment Reserved). Civil Miscellaneous Applications Nos. 376-K and 450-K of 2014 in S.M.C. No. 16 of 2011, Criminal Original Petitions Nos. 20-K to 23-K of 2014 in Civil Miscellaneous Application No. 376-K of 2014, Civil Misc. Application No. 275-K of 2015 in Civil Miscellaneous Application No. 376 of 2014, Civil Review Petition No. 32-K of 2015 in Civil Misc. Application No. 376 of 2014, Civil Mi
SYED MEHMOOD AKHTAR NAQVI AND OTHERS
VS
MALIK ISRAR, SENIOR MEMEBR, BOARD OF REVENUE SINDH AND OTHERS
Law: Colonization of Government Lands (Punjab) Act, 1912
Section: 10(2A), 10(4) & 17
Law: Malir Development Authority Act, 1993
Section: 4,8(2)(iii),9,14
Per Ejaz Afzal Khan, J; Faisal Arab, J agreeing; Maqbool Baqar, J dissenting. (a) Colonization of Government Lands Act (V of 1912)--- ---- Ss. 10(2A), 10(4) & 17--- Malir Development Authority Act, 1993 (XI of 1994), Ss.4, 8(2)(iii), 9 & 14---Adjustment of Government land with land belonging to a private real estate developer---Illegalities---Allegation that the value of the Government land was far higher than the value of the private land it was exchanged for---Validity---[Per Ejaz Afzal Khan, J (Majority view): Enormous tracts of Government land were granted by the Provincial Board of Revenue to the relevant Development Authority for launching incremental housing scheme---Development Authority instead of launching the scheme on the land thus granted, exchanged it with the private real estate developer through its henchmen---Power to declare an area to be a controlled area laid with the Development Authority---Notification issued for declaring subject Government land as controlled area was issued by Senior Member of Board of Revenue who did not figure anywhere in the entire scheme of the Malir Development Authority Act, 1993 in general and S.14 in particular---Corrigendum at a later stage had been issued showing that the notification was indeed issued by the Provincial Secretary Local Government and Housing Town Planning Department, but he too being a non entity in the Malir Development Authority Act, 1993 neither had the power to declare an area to be a controlled area nor issue a corrigendum ---Development Authority without preparing the Master Program and scheme let the private real estate developer initiate and embark upon a private housing scheme---No evidence was presented to establish that managers of the real estate developer requested the Development Authority for assistance in the preparation of scheme and what terms and conditions had been settled in between them as required by S.17(2) of the Malir Development Authority Act, 1993---Question was as to how the Development Authority owned or espoused a housing scheme of the real estate developer, which was prepared by the latter on its own without the assistance of the former in terms of…
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