Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional jurisdiction of High Court---Relief, moulding of---Scope---If the facts pleaded in petition warrant so, in order to meet the ends of justice, High Court has ample power to alter and/or mould the relief in favour of a petitioner, even if it is not prayed for. (b) Karachi Development Authority Order (5 of 1957)--- ----Art. 40---Constitution of Pakistan (1973), Art.199---Constitutional petition---Commercialization of residential plots---Notification was issued by Provincial Government for commercialization of road on which the disputed plot was located---City District Government did not approve concept plan submitted by the petitioner on the ground that the plot was not commercialized by it---Validity---As the road on which the plot was located had been commercialized by virtue of the Notification under the Zonal Plan Scheme, there was no question of seeking permission of Karachi Development Authority or City District Government for commercialization---Once the notification had been issued by the Provincial Government, the petitioner was not required to seek change of land use as the status of subject plot already stood changed from residential to that of commercial on the issuance of Notification by Provincial Government---No permission of Karachi Development Authority was required and the petitioner was free to construct a commercial building on the plot in dispute subject to approval of concept plan by City District Government---Petitioner was not required to pay any commercialization fee---Petition was allowed in circumstances. (c) General Clauses Act (X of 1897)--- ----S. 6---Repeal of statute---Effect---Once vested right has accrued in favour of a party under a statute, which statute is subsequently repealed, such right cannot be disregarded. Petitioner in person (in Constitutional Petition No.D-771 of 2004). Rasheed A. Razvi for Petitioner (in Constitutional Petition No.D-936 of 2004). Raja Sikandar Khan Yasir for Petitioners (in Constitutional Petition No.D-1122 of 2004). Anwer Ali Shah for K.B.C.A. Ashraf Ali Butt for Cantonment Executive Officer. Manzoor Ahmed for City District…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492