Case Details

Citation(s)
1999 SLG 611 1999 SLD 611 1999 SCMR 2883
Supreme Court of Pakistan
Civil Appeal No. 1888 of 1996. decided on 10-05-1999.
AJMAL MIAN, C.J., MUHAMMAD BASHIR, JEHANGIRI, MAMOON KAZI, SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ

ARDESHIR COWASJEE and 10 othersvsKARACHI BUILDING CONTROL AUTHORITY (KMC), KARACHIand 4 others

Law:

Section:

(a) Karachi Development Authority Order (5 of 1957)--Art. 52-A---Karachi Building and Town Planning Regulations, 1979, Sched. D, para.3---Conversion of amenity plot into a commercial use--- Validity---Karachi Development Authority, under Art. 52-A, Karachi Development Authority Order, 1957, is not authorised to change the use of any amenity plot without inviting objections and without obtaining the order of the Government---No objections having been invited in terms of Art. 52-A, Karachi Development Authority Order, 1957 and Karachi Building and Town Planning Regulations, 1979, conversion of the plot meant for restaurant in a park for a high-rise building for commercial purpose was illegal and contrary to the lay-out plan of the Karachi Development Scheme of the area---Such illegality could not be rectified by a revised plan. Multiline Associates v. Ardeshir Cowasjee and others PLD 1995 SC 423 and Abdul Razak v. Karachi Building Control Authority and others PLD 1994 SC 512 ref. (b) Karachi Building and Town Planning Regulations, 1979--- ----Regulations have statutory force. Multiline Associates v. Ardeshir Cowasjee and others PLD 1995 SC 423 ref. (c) Karachi Development Authority Order (5 of 1957)--- ----Art. 52-A---Karachi Building and Town Planning Regulations, 1979, Sched. D, para. 3---Constitution of Pakistan (1973), Art. 199---Conversion of amenity plot in a park into a commercial high-rise building ---Validity--­Constitutional petition---Locus standi to file---Most of the petitioners being residents of the area which was in close proximity of the part had locus standi to file Constitutional petition against such action---Park being located at the beach side which was sot only visited by residents of the city but also by people who were on short visit either from other parts of the country or from abroad---Beach being an established place of public recreation since decades, even a resident of a distant area could have filed the Constitutional petition in the matter. Sardar Begum Farouqui and 6 others v. Rashid Khatoon and 2 others 1990 CLC 83 ref. (d) Karachi Development Authority Order (5 of 1957)--- ---Art. 52-A Karachi Building and Town Planning…
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