Law: Mirpur Development Authority Ordinance, 1974

Section: 18

(a) Mirpur Development Authority Ordinance (IV of 1974)--- ----S. 18---Amendment of Schemes---Scope challenged alteration in the sector plan and creation of new plot, which was created by reducing the size of his plot---Validity---Substantial changes and amendments could not be made in a master plan without approval of the Government---Amendment in sector plan as well as master plan were made without lawful authority as neither the Authority nor the Government had given the requisite approval---Writ petition was accepted, modification of sector plan, creation of new plot and its allotment in favour of respondent was declared to be illegal, without lawful authority and of no legal effect. 2000 YLR 2050 ref. Muhammad Iqbal v. Mst. Muneeza Begum and others 1993 SCMR 157; 2012 CLC 928 and Jamil Akhtar v. M.D.A. Mirpur and others Civil Appeal No. 58 of 1995 decided on 12.03.1996 rel. (b) Affidavit--- ----Facts and claims supported by an affidavit, if remain un-rebutted, shall be considered as admitted and true. JUDGMENT MOHAMMAD SHERAZ KIANI, JUSTICE:---.--- The above captioned writ petition has been filed under Art. 44 of the Azad Jammu and Kashmir Interim Constitution, 1974, whereby, the petitioner has challenged the alteration/modification, effected in the sector plan and creation of Plot No.178/M-1, for having been made without lawful authority. A request has also been made for direction to the respondents for restoration of the petitioners plot to its original size and nature. 2. Precise facts, forming the background of the instant writ petition, as per claim of the petitioner are that Plot No.1 Sector D/4 Block 6-B corner 90x50 was allotted, initially in the name of Muhammad Iqbal on 06.08.1989, which, later on, stood transferred in the name of petitioner, who, obtained the approval of construction on 16.10.2003 and also raised construction, thereupon. It has been alleged that respondents Nos.3 to 9 without lawful authority, altered and changed the master plan of Section D/4 Block 6-B and extended the Sector D/3 East by overlapping Block 6-B and also created an additional plot, by reducing the size of the petitioners plot from 50x90 and marked Plot No.178-M/1…

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