KHALID ALI DARS vs PROVINCE OF SINDH S — 2022 PLD 20 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PLD 20 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PLD
Parties: KHALID ALI DARS vs PROVINCE OF SINDH S
Subject matter: Constitutional
Provisions referred to: S. 62-C; Sindh Irrigation Act

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

KHALID ALI DARS VS PROVINCE OF SINDH S. 62-C(1)---Water course---Encroachment of amenity plot---Dispute was with regard to encroachment of land in question which was natural or carved out land for flow of rain/flood water---Validity---Land of all natural or artificial depression courses meant for discharge of flood or rain water could not be used for any other purpose---Encroachment upon such courses could not be sustained in view of S.62-C(1) of Sindh Irrigation Act, 1879---High Court directed competent authority of Government of Sindh to look into the matter and to take appropriate action in the light of legal position---Encroachment of any amenity plot to another use was treated as an abuse of discretion and therefore, was unlawful---Paramount object of modern city planning was to ensure maximum comforts for residents of city by providing maximum facilities---Public functionary entrusted with work to achieve such object could not act in a manner which could defeat such objective---Deviation from planned scheme would result in discomfort and inconvenience to others---High Court declined to interfere in the matter---Constitutional petition was dismissed in circumstances.

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