| Citation(s) |
|---|
| 2022 SLG 615 2022 SLD 615 2022 CLC 543 |
Sindh High Court
Constitution Petition No.D-300 of 2015, decided on 18th October, 2021. Dates of hearing: 3rd, 16th, 23rd and 7th October, 2021.
IRFAN SAADAT KHAN, JUSTICE, MUHAMMAD FAISAL KAMAL ALAM, JUSTICE
Obaid-ur-Rahman Khan for Petitioner. Nemo. for
Respondent No.1. Ms. Naheed Akhtar for
Respondent No.2. Sartaj Malgani for
Respondent No.3. Miran Muhammad Shah, Additional Advocate General (A.A.G.) for
Respondent No.4.
Constitution Petition No.D-300 of 2015, decided on 18th October, 2021. Dates of hearing: 3rd, 16th, 23rd and 7th October, 2021.
IRFAN SAADAT KHAN, JUSTICE, MUHAMMAD FAISAL KAMAL ALAM, JUSTICE
Obaid-ur-Rahman Khan for Petitioner. Nemo. for
Respondent No.1. Ms. Naheed Akhtar for
Respondent No.2. Sartaj Malgani for
Respondent No.3. Miran Muhammad Shah, Additional Advocate General (A.A.G.) for
Respondent No.4.
MIAN TRUST THROUGH REPRESENTATIVE/TRUSTEES
VS
LYARI EXPRESSWAY RESETTLEMENT PROJECT THROUGH PROJECT DIRECTOR AND 2 OTHERS
Law: Sindh Building Control Ordinance, (XVII of 1979)
Section: 21
Law: Karachi Building and Town Planning Regulations, 2002
Section: 18-4.1
(a) Sindh Building Control Ordinance (V of 1979)--- ----S.21---Karachi Building and Town Planning Regulations, 2002, Reg. 18-4.1---Amenity plot (park), conversion into residential one---Petitioner being charitable trust imparting education to underprivileged children on amenity plot filed petition against illegal occupation/construction/encroachment of adjacent amenity plot earmarked as park after getting no response from concerned authorities---Two official respondents stated in their comments that the subject plot was an amenity plot which could be used for amenity purposes (i.e. park) and that such plot could not be used for residential/commercial or any other purpose other than amenity---Record (i.e. photographs attached by Nazir through his report) revealed illegal construction by some encroachers on the subject plot despite restraining orders of High Court---Respondent (Lyari Express Settlement Project) admitted that land was an amenity plot but subsequently converted into residential for purposes of certain resettlement project---Held, that under Regln. 18-4.1 of the Karachi Building and Town Planning Regulations, 2002, a land reserved for amenity purpose could not be converted/utilized for any other purposes---Respondent had failed to show any statutory provision in support of conversion of amenity/park into residential utilization---Amenity plot meant exclusively for park could not be converted even if it was presumed that a provisional master/layout plan had been prepared and final master/layout plan was yet to be finalized---High Court directed official respondents to restore the plot to its original position (i.e. park) and furnish report in Court---Constitutional petition was disposed of accordingly. Mansoor Sharif Hamid v. Shafique Rehman 2015 SCMR 1172 rel. (b) Sindh Building Control Ordinance (V of 1979)--- ----S.21---Karachi Building and Town Planning Regulations, 2002---Amenity plot (park), conversion to residential one---Scope---If government officials want to change the nature of the amenity plot i.e. from park to mosque/Imambargah/hospital, that could only be done after fulfilling the legal/codal formalities provided in such behalf.…
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