Law:

Section:

Constitution of Pakistan----Art. 199---Law Reforms Ordinance (XII of 1972), S.6---Constitutional petition---Intra Court appeal---Building plan---Discrimination by authorities while sanctioning such plan---Effect---Appellant filed application to Municipal authorities for commercialization of his plot and sanctioning of building plan for construction of a commercial building---While sanctioning the building plan, authorities directed the appellant to provide 15 feet set back on the side facing main road, while 10 feet set back either side and the appellant complied with the said directions---Appellant, thereafter, came to know that authorities had deprived him from his valuable immovable property by misrepresentation as he had surrendered 10 feet set back facing 30 feet road, while there were no rules/regulations in the Building byelaws or under the Local Government laws to surrender land for parking on two sides of a commercial building---Local Commission in its report had observed that no such set back in any of the buildings situated in the vicinity of appellant's building, had been left---Said report was never challenged by the authorities by filing objection petition nor the authorities had raised any oral objection in that regard---Counsel for the authorities could not produce any provision of law to ask an owner of land to surrender such land---Record of case highlighted that the behaviour of authorities towards the appellant was not only wedded with discrimination, but unconstitutional, illegal and void---Authority had travelled beyond its jurisdiction which was a glaring example of highhandedness, in which authorities had tried to extract maximum because of helplessness of the appellant---Impugned orders passed by all the forums below, were set aside and surrender deed was cancelled and authorities were directed to sanction a revised plan of appellant's building as prayed in the constitutional petition. ORDER CH. MUHAMMAD TARIQ, J.---This I.C.A has been directed against the judgment dated 24-5-2011 passed by learned Single Judge in Writ Petition No. 863 of 2011. 2. Brief facts of the case are that the appellant is owner of Plot No.B-I-23 Satellite Town…

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