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ABDUL GHAFFAR vs MUHAMMAD AALAM S — 2022 YLR 1464 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLR 1464 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
YLR
Parties
ABDUL GHAFFAR vs MUHAMMAD AALAM S
Subject matter
Civil
Provisions referred to
S. 14---S

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

ABDUL GHAFFAR VS MUHAMMAD AALAM S. 14---Suit for removal of encroachment--- Scope--- Mukhtiarkar submitted report before the Anti-Encroachment Tribunal that he visited the site and found that the disputed street was blocked by the committee members of a madrasa by constructing bathroom and kitchen whereas according to map of Colony the same was shown as street---Anti-Encroachment Tribunal decreed the suit as prayed for---Validity---Conversion of an amenity plot was illegal---Encroachment of amenity plot could not be allowed to sustain under the law, which aspect the official respondents had to look into and restore its position in accordance with law---Encroachment of an amenity plot to another use was treated as an abuse of discretion and therefore was unlawful for the simple reason that the paramount object of modern city planning was to ensure maximum comforts for the residents of the city by providing maximum facilities and that a public functionary entrusted with the work to achieve the object could not act in a manner, which might defeat the referred objective---Deviation from the planned scheme would naturally result in discomfort and inconvenience to others---Appeal was dismissed.

Other judgments reported in 2022 YLR

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