Law: Constitution of Pakistan, 1973

Section: 199

Law: Karachi Building and Town Planning Regulations, 2002

Section: 18-4.1

Summary The petitioner challenged the alleged illegal conversion of amenity Plot No. ST-41 (reserved as a car shelter) into residential use and the allotment of newly created Plot No. 521/1. The Court found that SBCA had already removed the unauthorized construction on Plot No. ST-41 and restored it to its original use, making that issue infructuous. Regarding Plot No. 521/1, the petitioner failed to produce evidence proving the plot was illegally created or demonstrate that she was personally aggrieved. Consequently, the Court held that no case for constitutional jurisdiction was made out and dismissed the petition. Sections/Regulations Used Article 199, Constitution of Pakistan, 1973 Regulation 18-4.1, Karachi Building and Town Planning Regulations, 2002 (KBTR) Two 2-Word Descriptions Amenity Conversion Plot Allotment O R D E R  Through the present memorandum of petition, the petitioner seeks a declaration that the official respondents have unlawfully converted an amenity plot bearing No. ST-41, which was reserved for use as a car shelter. The petitioner further seeks a declaration that the allotment of Plot No. 521/1 by the official respondents is likewise illegal (“subject plots”). The material facts placed on record by the petitioner are that she is a resident of Sector 11-A, North Karachi Township, Central District, Karachi, and is aggrieved by certain acts and omissions on the part of the officials of the Karachi Development Authority (KDA) as well as the Sindh Building Control Authority (SBCA). According to the petitioner, Plot No. ST-41 is an amenity plot reserved for use as a   car shelter under the applicable master plan; however, the same has been unlawfully allotted to the private respondents and is presently under illegal construction. It is further asserted that an open area has also been allotted to the private respondents by the official respondents, which has been carved out and designated as Plot No. 521/1. The petitioner contends that, under the master plan, no such plot ever existed, and that the private respondents are raising illegal construction thereon as well. Upon noticing these alleged illegalities, the…