Law: Constitution of Pakistan, 1973

Section: 199

Law: Sindh Katchi Abadi Act, 1987

Section: 39

Summary This constitutional petition under Article 199 of the Constitution was filed for removal of illegal encroachments from an amenity plot reserved for a park/playground in Federal B Area, Karachi. The petitioners alleged long-standing unauthorized occupation and failure of authorities (KMC/KDA) to take action despite repeated complaints. The Court held the petition maintainable, noted that the plot remains an amenity site, and directed the competent authority (KMC) with law enforcement assistance to remove encroachments within three months. Sections / Legal Provisions Used Article 199 — Constitution of Pakistan, 1973 Section 39 — Sindh Katchi Abadis Authority Act, 1987 SKAA Regulations, 1993 (referenced) KDA approved layout plan (administrative/legal basis, not a section) 2 × Two-Word Case Descriptions Encroachment Removal Amenity Protection   O R D E R Petitioners have filed this Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking direction to the respondents take immediate action for removal of the encroachments from the amenity plot No.St/5/1, Block-5, Federal B. Area, Karachi.   Learned counsel for the petitioners submitted that Amenity Plot No. ST-5/1, Block-5, F.B. Area, Karachi was reserved for a park/playground as per the approved layout plan, but the same has been illegally encroached upon by unauthorized occupants who have raised hutments and RCC constructions. He submitted that the encroachments have caused serious law and order issues and disturbance for the residents of the locality, including the petitioners, and despite repeated complaints and correspondence with the concerned authorities since 2001, no effective action was taken. He further submitted that even the Metropolitan Commissioner, KMC had directed removal of encroachments in 2014, but the Anti-Encroachment Cell failed to comply with the directions. Learned counsel argued that protection of life, property and enjoyment of lawful property is a fundamental right, and since the respondents failed to perform their statutory duties, the petitioners were left with no alternate remedy except to invoke…