| Citation(s) |
|---|
| 2022 SLG 182 2022 SLD 182 2022 SCMR 171 |
Supreme Court of Pakistan
IJAZ UL AHSAN, JUSTICE, QAZI MUHAMMAD AMIN AHMED, JUSTICE
Muhammad Iqbal Menion, Commissioner Karachi, Imran Khan, APM JIAP, CAA, Shakeel Ahmed Durrani, Additional D.G.FIA Karachi South, Kh. Shamas ul Islam, Advocate Supreme Court, Khalid Mehmood Siddiqui, Advocate Supreme Court, Ms. Ambar Alibhai, Sheri Citizen
IJAZ UL AHSAN, JUSTICE, QAZI MUHAMMAD AMIN AHMED, JUSTICE
Muhammad Iqbal Menion, Commissioner Karachi, Imran Khan, APM JIAP, CAA, Shakeel Ahmed Durrani, Additional D.G.FIA Karachi South, Kh. Shamas ul Islam, Advocate Supreme Court, Khalid Mehmood Siddiqui, Advocate Supreme Court, Ms. Ambar Alibhai, Sheri Citizen
NIAMATULLAH KHAN ADVOCATE AND OTHErs
VS
FEDERATION OF PAKISTAN AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 184(3),204
(a) Constitution of Pakistan--- ----Art. 184(3)---Matters relating to clearing encroachments upon land belonging to Civil Aviation Authority; plots belonging to Karachi Cooperative Housing Societies Union meant for amenity purposes i.e. for use of school and public park illegally allotted/leased out by the Union to private persons by tampering of original layout plan; construction of a multi-storey building Al-Bari Towers on land meant for parks/playgrounds; progress of demolition work of Nasla Tower built illegally on encroached land; removal of debris from demolition of illegally built multi-storey building Tejori Heights; illegal commercial use of Cantonments lands and restoration of such lands for strategic and defence purposes only---Supreme Court issued relevant directions to the concerned authorities and officials to file their progress reports with regard to the matters highlighted and also directed some of the officials to appear before the Court on the next date of hearing to address the matters. (b) Allotment--- ----Housing society---Original master plan/layout plan---Amenity plots---Once layout plan was prepared, in which amenities were provided, such amenities could not be removed or altered/converted into private buildings or used for commercial purposes---Members of the society acquired vested rights in the amenities provided in the society and those could not be taken away or allotted for any purposes other than those shown in the original master plan---Land meant for amenities and for parks and play grounds could not be legally and justifiably allotted to private persons for their exploitation as a commercial venture or for residential purposes. ORDER GULZAR AHMED, C.J.--- C.M.A. No.774-K of 2021 (Civil Aviation Authority) Pursuant to order dated 24.11.2021, Mr. Shakil Ahmed Durrani, Additional Director General (South), F.I.A. has submitted his report stating therein that encroachment from Civil Aviation Authoritys land on purported survey Nos. 526, 527, 575 and 576 comprising 09 acres and 22 ghuntas have been cleared and its possession has been delivered to the Civil Aviation Authority. Counsel appearing for the Civil Aviation Authority also…
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