Law:

Section:

Sindh Local Government Ordinance (XXVII of 2001)--- ----Ss. 107, 109,112, 132, 192(2) & Sched. V, Part-11, Cl. 3---Change of Land Use and Master Planning Bye-Laws, 2003, Cls. 6-5 & 8-4---Constitution of Pakistan (1973), Art.199---Commercialization of land by changing its use---Funds generated by Provincial Government on account of such commercialization---Non-spending of 37.5% share of such funds by Provincial Government on development of concerned areas with consultation of management of its Union Councils---Constitutional petition by Nazims of various Union Councils in Karachi aggrieved with such act of Provincial Government---Validity---Sindh Local Government Ordinance, 2001 being a self-contained Code provided for entire mechanism for smooth functioning of City Government including finance, accounts and audit---Sindh Local Government Ordinance, 2001 also provided for approval of budgets and allocation of funds for development programs---Petitioners being part and parcel of City District Government and entire process of its budgeting participated in its meetings---Petitioners could seek their remedy under Sindh Local Government Ordinance, 2001 against non-observance of its provisions or rules made thereunder---Petitioners at relevant time had neither objected nor resorted to any remedy available to them under the Ordinance for redress of such grievance---Summary of statements of funds and expenditure produced by Provincial Government would show spending of huge amounts on development of areas under respective Union Councils of petitioners---As per Cl. 8-4 of Change of Land Use and Master Planning Bye-Laws, 2003, 37.5% share of funds as claimed by petitioners required to be spent after consultation with management of concerned Union Council was preferably and not compulsorily---Petitioners could not point out violation of any constitutional or statutory provisions liable to be rectified by High Court in exercise of its constitutional jurisdiction without entering into disputed facts or examining entire record or accounts of City District Government---High Court dismissed constitutional petition in limine. JUDGMENT AQEEL AHMED ABBASI, J.---This…

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