| Citation(s) |
|---|
| 1963 SLG 3456 = 1963 SLD 3456 = 1963 PLD 797 |
Sindh High Court
Writ Petition No. 153 of 1961, decided on 4th December 1962
Presented By: Wahiduddin Ahmad and Feroze Nana Ghulamally, .1 .1
Ibadatyar Khan for Petitioners. I. Mahmood for
Respondent. Date of hearing : 4th December, 1962.
Writ Petition No. 153 of 1961, decided on 4th December 1962
Presented By: Wahiduddin Ahmad and Feroze Nana Ghulamally, .1 .1
Ibadatyar Khan for Petitioners. I. Mahmood for
Respondent. Date of hearing : 4th December, 1962.
Mrs. P. L. SITLANI AND ANOTHER-Petitioners
VERSUS
THE KARACHI DEVELOPMENT AUTHORITY -Respondent
Law:
Section:
Karachi Development Authority Order (V of 1957), Art. 70 --Notice of intention to prohibit use of premises as human habitation should state reasons-Party to be allowed to move objections and to be given personal hearing-Proceedings before Authority of quasi judicial nature-Non-compliance by Authority with requirements of Art. 70-Order quashed by certiorari-Considerations not connected with question of unfitness of premises for human habitation Irrelevant for issuing notice-Constitution of Pakistan (1956), Art. 170. The power which vests in the Karachi Development Authority is not of an arbitrary nature. The discretion vested in it has to be exercised in a judicial manner. It is, therefore, incumbent on the Authority to mention in its notice under Article 70 (1) the grounds on which it intended to declare the premises in dispute as unfit for human habitation. Personal hearing as required under Art. 70 (1) to the petitioners in connection with the contemplated action is a necessary requirement. Where Art. 70, Karachi Development Authority Order, 1957 was not complied with, the notices and order were quashed (by certiorari). Considerations not connected with the question of unfitness of premises for human habitation are irrelevant for coming to a decision to take action under Art 70. Hall v. Manchester Corporation 113 L T R 465 ref. JUDGMENT WAHIDUDDIN AHMAD, J.-This writ petition is directed against the order of the respondent, dated the 27th March 1961, calling upon the petitioners to get it vacated by the occupants of the premises in dispute within 14 days, as it is absolutely unfit for human habitation, under Art. 70 of the K. D. A. Order of 1957. The disputes between the parties have arisen in the following circumstances. Petitioner No. 1 is a partner of Palace Theatre Ltd., Karachi. She owns 1/4th share inits business and buildings; the rest of the 3/4th share belongs to one Hasan Baig Muhammad. Inside the compound of the Palace Cinema building, the petitioner is residing in a bungalow. In one of the rooms at the back of the auditorium of Palace Theatre, Muhammad Siddique, petitioner No. 2 who is a driver of…