Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art.199---Constitutional petition---Amenity plot---Restoration of status---Residents of locality---Locus standi---Change in Master Plan---Pre-condition---Plot in question was amenity plot reserved for playground and was converted into residential plots---Validity---Interest of owners of immovable properties in amenity plots, reserved for convenience and comfort of residents, was a right enforceable by invoking Constitutional jurisdiction of High Court--- Sanctioned Master Plan, showing such amenity plots/area, could not be altered without inviting objections or obtaining No Objection Certificates from residents---Any modification in plan which would alter or radically change sanctioned scheme to take away the comfort or convenience provided through amenity plots/area, was a fraud upon residents, who purchased immovable properties on a representation through sanctioned plan---High Court set aside the action of converting Amenity plot reserved for playground into residential plots, as the same was result of arbitrary exercise of power---High Court directed the respondents to restore amenity plot reserved for playground---Constitutional petition was allowed, in circumstances. Abdul Razzaqs case PLD 1994 SC 512 and Ardeshir Cowasjees case 1999 SCMR 2883 rel. ORDER AFTAB AHMED GORAR, J.---- Both these petitions are being disposed of by way of common order. In Constitution Petition No.D-518 of 2020, the petitioners have prayed for restoration of the status of the Amenity plot reserved for playground into its original position as they are aggrieved of change in Master Plan whereby the Amenity plot reserved for playground in Sindh Cooperative Housing Society, Imdad Ali Awan Road, Sukkur has been converted into residential plots without any consent or opportunity of their being heard, which caused detriment to the rights/interest appurtenant to the immovable properties of Sindh Co-operative Housing Society Limited Sukkur. While in Constitution Petition No.D-1013 of 2019, the petitioners therein have prayed for protecting their properties so also seeking restraining orders against the respondents for not interfering in their peaceful…

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