Law:

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Constitution of Pakistan (1973)--Arts. 199 & 185(3)---Constitutional petition---Locus standi to file---Leave to appeal was granted to consider contention that the action of the Development Authority in carving out plots out of the open area in front of the properties of the petitioner reserved for conduit water line, being in violation of the master plan of the area, petitioner had the necessary locus standi to challenge the fiction of Development Authority. Mian Fazal Din v. Lahore Improvement Trust, Lahore PLD 1969 SC 223 ref. Fakhruddin G. Fbrahim, Senior Advocate Supreme Court for Petitioners (in both Cases). K.A. Wahab, Advocate-on-Record for Respondent No.l (in C.P. No. 203-K of 1994). Nizam Ahmad, Advocate-on-Record for Respondents Nos. 4 and 10 (in C.P. Nos. 203-K and 301-K of 1994). Date of hearing: 28th November, 1995. ORDER SAIDUZZAMAN SIDDIQUI, J.---In both the abovementioned petitions, the grievance of the petitioners is that the respondent, Karachi Development Authority (K.D.A.) have carved out three commercial plots bearing Nos.SB.1 to SB.3 in front of Plots bearing Nos.FL.8 and FL.9 out of the area which was reserved for the purpose of water conduit line of Karachi Water Sewerage Board. The petitioners challenged the action of K.D.A. in two separate writ petitions alleging that the carving out of the commercial plots out of the area reserved for conduit water pipe has materially affected the rights of petitioners in the above petitions as at the time they acquired the properties they were given an understanding that Plot Nos.FL.8 and FL.9 are bounded on one side by 135 feet vide road and 60 feet wide open space reserved for conduit pipe. By carving out three commercial plots, the petitioners have not only been deprived of the open space of 60 feet for the conduit pipe in front of Plots Nos.FL.8 and FL.9 but that such an action of K.D.A. is in complete violation of the Rules and Regulations governing the development of the area by the K.D.A. It is also contended that carving out of commercial plots out of the area reserved for open space for water conduit line is also violative of the Master Plan of the area prepared by K.D.A. under the…

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