Law: Constitution of Pakistan, 1973

Section: 185(2),199

Constitution of Pakistan, 1973-- ----Arts. 185(2) 199--Merger of plot with commercial plot--Writ petition--Allowed--Execution of C lease--Adjacent plot was acquired by appellants--Amenity plot--Amending deed--Adjacent plot was mentioned as park-Payment of consideration was not ipso facto absolve appellant’s responsibility--Illegal and unlawful amalgamation of adjacent plot--Challenge to--It has simply been mentioned in Amending “Deed” that area of Commercial Plot has been “increased” to 11,600 Sq. Yards--This casts a shadow on entire transaction and, goes to suggest that transfer of Adjacent Plot in favour of Appellants lacked transparency and adherence to law-- Military Estates Officer mentioned word “Park” in his letter establishes that Adjacent Plot was not to be used for a commercial purpose--Payment of consideration does not ipso facto absolve Appellants of their responsibility to follow proper procedure of law--When law provides a particular manner of doing things, they must be done in that manner or not at all--Anything done to contrary would be illegal, ex-facie erroneous and unsustainable in law--High Court was correct to hold that adjacent plot was illegally and unlawfully amalgamated with Commercial plot and that nature and land use of adjacent plot could not be changed, altered or modified in violation of rights of public at large which are guaranteed by Constitution of country--Appeal dismissed.                                                   [Pp. 181, 183 184] A, B, C, D, E F JUDGMENT Ijaz-ul-Ahsan, J.--By way of this Appeal, the Appellants have challenged a judgment of the High Court of Sindh, Karachi dated 04.02.2014 passed in Constitutional Petition No. 1143 of 2011 (hereinafter referred to as “Impugned Judgment”). Through the Constitutional Petition, the Respondent (Barrister Waleed Khanzada) challenged the merger by the Appellants of a plot of land measuring 3600 Square Yard plot (hereinafter referred to as “Adjacent Plot”) with an 8000 Square Yard commercial plot titled as “Zam-1” (hereinafter referred to as…

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