Mian TRUST vs LYARI EXPRESSWAY RESETTLEMENT PROJECT S — 2022 CLC 543 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 CLC 543 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: CLC
Parties: Mian TRUST vs LYARI EXPRESSWAY RESETTLEMENT PROJECT S
Subject matter: Constitutional
Provisions referred to: S. 21---K

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mian TRUST VS LYARI EXPRESSWAY RESETTLEMENT PROJECT S.21---Karachi Building and Town Planning Regulations, 2002, Reg. 18-4.1---Amenity plot (park), conversion into residential one---Petitioner being charitable trust imparting education to underprivileged children on amenity plot filed petition against illegal occupation/construction/encroachment of adjacent amenity plot earmarked as park after getting no response from concerned authorities---Two official respondents stated in their comments that the subject plot was an amenity plot which could be used for amenity purposes (i.e. park) and that such plot could not be used for residential/commercial or any other purpose other than amenity---Record (i.e. photographs attached by Nazir through his report) revealed illegal construction by some encroachers on the subject plot despite restraining orders of High Court---Respondent (Lyari Express Settlement Project) admitted that land was an amenity plot but subsequently converted into residential for purposes of certain resettlement project---Held, that under Regln. 18-4.1 of the Karachi Building and Town Planning Regulations, 2002, a land reserved for amenity purpose could not be converted/utilized for any other purposes---Respondent had failed to show any statutory provision in support of conversion of amenity/park into residential utilization---Amenity plot meant exclusively for park could not be converted even if it was presumed that a provisional master/layout plan had been prepared and final master/layout plan was yet to be finalized---High Court directed official respondents to restore the plot to its original position (i.e. park) and furnish report in Court---Constitutional petition was disposed of accordingly.

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