AKRAM ALI vs PROVINCE OF SINDH through Secretary Local Government, Sindh Secretariat, Karachi Regln

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AKRAM ALI VS PROVINCE OF SINDH through Secretary Local Government, Sindh Secretariat, Karachi Regln. 18---amenities plot/public park and library---Construction of commercial building---Constitutional petition---Restraining order was sought by the petitioners against construction of commercial shopping centre by relevant Town Committee with collusion of the private respondents---Petitioner contended that park/library was an amenity property reserved for sports/reading activities; that the same was always being used for sports and reading activities; that the beneficiaries of the same could not be deprived of their right under the grab of "public private partnership contract"---Held, that reports were called from District Judge and the Commissioner---In compliance thereof Magistrate through District Judge, Commissioner and assistant Director Building Control, authority submitted their respective reports---Counter affidavit to main petition filed by one of the private respondents contained that the property was used for water supply scheme---another respondent mentioned in "No Hitch Certificate" that the disputed plot/land was situated at Old Water Supply Scheme of the area---It was established that the disputed plot/land was entered in the name of Central Government with remarks referring the use of land as "water supply" and "banjar qadeemi", so also the same was in use of the public as park as per the opinion of the Judicial Magistrate---No evidence was available to the effect that the land belonged to the Town Committee or Provincial Government---Concerned authorities would not be bound to follow the agreement though executed by the Town Committee in favour of private respondents---High Court directed the authorities to demolish all the construction made by private respondents within 3 months---Constitutional petition was allowed accordingly.

AKRAM ALI vs PROVINCE OF SINDH through Secretary Local Government, Sindh Secretariat, Karachi Regln — 2022 CLC 1634 KARACHI-HIGH-COURT-SINDH

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