UZMA NAZ vs The DIRECTOR GENERAL RANGERS SINDH arts — 2023 MLD 1222 KARACHI-HIGH-COURT-SINDH

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UZMA NAZ VS The DIRECTOR GENERAL RANGERS SINDH arts. 90, 92, 93 & 129(e)---Civil Procedure Code (V of 1908), O. VIII, R. 4---Constitution of Pakistan, arts. 23 & 24---Evasive denial---Documentary evidence---Property rights---Petitioners claimed to be owners of plots allotted to them on the basis of registered documents and had sought vacant and physical possession from respondent authorities--- Validity--- Documents relied upon by petitioners were not controverted or challenged by respondents through some subsequent official acts or documents---Every fact in its para-wise comments were denied by respondent authorities but without substantiating it with documentary evidence---all the documents so relied upon were in fact official record of respondent authorities---Presumption of genuineness and authenticity was attached to those documents, as envisaged in arts. 90, 92 & 93 of Qanun-e-Shahadat, 1984, besides, art. 129(e) of Qanun-e-Shahadat, 1984, was also applicable to registered Lease Deed, addenda Deed and the acknowledgment of Possession Order in respect of the subject land---Petitioners were deprived from using and enjoying their respective plots---Fundamental rights of petitioners to own, use and enjoy their property, as envisaged in arts. 23 & 24 of the Constitution, were violated---High Court declared that petitioners were lawful and bona fide allottees of their respective plots---High Court directed respondent authorities to immediately vacate entire subject land and to hand over possession of the same to Karachi Development authority, which would give possession to lawful and bona fide allottees/petitioners, after fulfilling codal formalities---High Court further directed that if subject land was required by respondent authorities or any other Government functionary, then the same should be acquired in accordance with law, by paying market value to petitioners---Constitutional petition was allowed accordingly.

UZMA NAZ vs The DIRECTOR GENERAL RANGERS SINDH arts — 2023 MLD 1222 KARACHI-HIGH-COURT-SINDH

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