Law: Constitution of Pakistan, 1973--

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Modification in master plan--Legality--Creation of new plots--Writ petition--Allowed--Cancellation of plots--Challenge to--The four plots, which had been allotted, for residential purposes in a residential area, and in making such allotments neither any law nor Master Plan was violated--Neither Single Judge nor learned Judges of Division Bench of High Court realized that only one private allottee, was arrayed as a respondent before High Court in WP--The Master Plan, layout plans and Google map which had been filed show location of said plots, which are at end of Street No. 56 and on right side there was a narrow lane separating last plot of one of respondents from Plot No. 295-A whereas last plot of a respondent on other side of street was separated from Plot No. 296-A with a twenty-foot wide lane--Therefore, there is no question of obstruction of light and air--The term ‘Future Use’ did not mean that land was to be left open nor did it mean that it is to be used for amenity purposes, which may, had prohibited their allotment--Regretfully, these points were not considered by Judges of High Court--Those petitions were converted into appeals and allowed--Petition disposed of. [Pp. 636, 637 & 638] A, B, C & D Mr. Muhammad Nazir Jawwad, ASC for Petitioners (in CP No. 993 of 2014). Mr. Muhammad Munir Paracha, ASC for Petitioners (in CP 1117/2014). Malik Nasrullah Awan, ASC a/w Ms. Mehnaz Nadeem, Respondent-4 and Syed Shozab Zamir son of Respondent No. 7 for Respondents No. 1 to 8 (in CP No. 993/2014). Malik Nasrullah Awan, ASC a/w for Respondents No. 2 to 9 (in CP 1117/2014). Nemo for Applicants (in CMA No. 7061 of 2016). Date of hearing: 13.5.2024. Order Qazi Faez Isa, CJ.--Eight petitioners had filed a writ petition (WP No. 4191 of 2013) before the Islamabad High Court against Capital Development Authority (‘CDA’), the Pakistan Environmental Protection Agency and Ch. Tahir Sattar. They alleged that ‘CDA has illegally, unlawfully changed the Master Plan and created new Plots No. 295-A to 295-H and 296-A to 296-B in the closed end Street No. 56, Sector F-11/4, Islamabad’ (‘the said plots) and had sought a declaration…

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