Law: Constitution of Pakistan, 1962

Section: 199

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Conversion of amenity plot into a commercial/residential use---Validity---Paramount object of modern city planning was to ensure maximum comforts for the residents of the city by providing maximum facilities---Deviation from the planned scheme would result in discomfort and inconvenience to the others---Conversion of amenity plot into commercial/residential use without inviting and deciding objections was illegal---Encroachment of amenity plot could not be allowed to sustain under the law---Authorities were to look into the matter and restore the possession of amenity plot in accordance with law---Once a Housing Scheme was framed no alterations could be made---Alteration in a scheme could be made for the good of the people at large but not for the benefit of an individual for favouring him at the cost of other people---Infrastructural facilities of a Housing Scheme or Society would be overburdened when land reserved for residential purpose had been converted to commercial use---Conversion of amenity plot to other use would suffer public interest through deprivation---Authorities were bound to restore the amenity plots according to original or revised layout plan---Constitutional petition was disposed of, accordingly. Ardeshir Cowasjee v. Karachi Building Control Authority 1999 SCMR 2883 rel. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, J:---.--- Through the instant petition, the Petitioners have made the following prayers:- a) To issue writ declaring that the revise of lay out plan of Midland Bungalows and Kehkashan Housing Scheme by Hyderabad Development Authority reducing and converting the amenity area of both the Schemes into residential / commercial plots and denomination/ assignment of Plot Nos.B/38, B/39, A/37 and removal of road area from the lay out plan and its enclosure in the plots are illegal, unlawful, void ab-initio and without lawful authority. b) To declare that the act of conversion of area of amenity plot of both Housing Schemes and its usage by the builders through third person is illegal, unlawful and entire amenity area of both Schemes is liable to be restored to its…

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