Law: Constitution of Pakistan, 1973

Section: 199,4,18,23,24,25

  Case Summary Petitioner: Cooperative Housing Society, lawful owner of 40 Acres in Sector 5-A, KDA Scheme No.33, Karachi. Respondents: Government functionaries tasked with removal of encroachments. Nature of Case: Petition under Article 199 of the Constitution of Pakistan, 1973 seeking enforcement of fundamental rights and removal of illegal encroachments. Facts: Petitioner acquired land via government allotment starting in 1973, paid full consideration, obtained approved layout, and received registered Transfer Deed in 1998. Since 2009, portions of land have been illegally encroached upon by “land grabbers” using force and intimidation. Multiple complaints, reminders, legal notices, and police actions have failed to remove encroachments. Encroachers used women, children, and elderly as shields during anti-encroachment drives. Respondent authorities acknowledge the orders for removal but have not effectively acted, leading to continuing violation of petitioner’s constitutional rights. Legal Grounds: Enforcement of Articles 4 (Protection of rights), 18 (Freedom of trade), 23 (Property rights), 24 (Equality before law), 25 (Non-discrimination) of the Constitution of Pakistan, 1973. Petition under Article 199 seeking writ for removal of encroachments. Reliefs Sought: Direct respondents to remove encroachments and hand over vacant possession. Restrain encroachers from interfering with petitioner’s land. Any other relief deemed proper. Court Observations: Petitioner’s ownership is lawful and undisputed. Encroachers have no lawful claim; their possession is illegal. Respondents’ prolonged inaction constitutes abdication of statutory and constitutional duties. Case suitable for exercise of constitutional jurisdiction to protect fundamental rights. Directed that encroachments be removed within three months. Sections / Provisions Used Article 199 – Constitutional petition for enforcement of fundamental rights. Articles 4, 18, 23, 24, 25 – Fundamental rights (protection of property, equality, non-discrimination, right to conduct lawful business, enforcement of rights). 2 Two-Word Descriptions of Case Land Encroachment…