Law: Karachi Buildings and Town Planning Regulations, 1979

Section: Regulationn.26, Schedule.D,Clause3(a)(b)(c)

Law: Constitution of Pakistan, 1973

Section: 199

Karachi Building and Town Planning Regulations, 1979--- ----Regln. 26, Sched. D, Clause 3---Commercialization of residential plot---Requirements---Contention of petitioners was that commercialization in question had not been done in the prescribed manner---Validity---Commercialization/amalgamation/sub-division of any plot by allowing change of land use was prerogative of authorities and such powers could not be interfered but only if all the laws, rules, bye-laws and regulations issued from time to time by the competent authority had been complied with---Only requirement for the commercialization/amalgamation of any plot by allowing change was public notice published in one English and one Urdu leading daily newspaper calling for objection of the people of the vicinity who would be effected on that account---No such public notice was ever issued before alleged commercialization in the present case---Residents of the vicinity filed complaints against the commercialization of subject plot but they were neither heard nor any order/decision was passed on their complaints---Subject plot was commercialized illegally and malafidely, in circumstances---Neither no objection certificate for sale and advertisement of shops and flats for the project was issued nor building plan was approved---Issue before Ombudsman was with regard to payment of differential of conversion fee already paid by the respondents---Any order passed regarding commercialization of subject plot could not override the Constitution as well as mandatory provisions of law---Road where subject plots were situated was non-commercial and area in question was residential and no high-rise building was situated on the said road---Respondents had already filed civil suit for declaration and permanent injunction without impleading the petitioners as party who were the owners/occupants of plots situated in the same vicinity where subject plots were located---Respondents were restrained from raising any construction and/or utilizing the subject plots for any commercial purpose till disposal of said civil suit---Petitioners could approach to the Trial Court for impleading themselves as party in the…

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