PAKISTAN DEVELOPERS PVT. LTD.- vs KARACHI DEVELOPMENT AUTHORITY arts — 2023 PLD 202 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PLD 202 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PLD
Parties: PAKISTAN DEVELOPERS PVT. LTD.- vs KARACHI DEVELOPMENT AUTHORITY arts
Subject matter: Civil

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

PAKISTAN DEVELOPERS PVT. LTD.- VS KARACHI DEVELOPMENT AUTHORITY arts. 23 & 24---Specific Relief act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction---Right to hold property---Corporation, right of---Scope---Non-availability of plot---alternate plot, allotment of---Plaintiff was a company aggrieved of non-delivery of possession of suit plot by defendants despite receipt of full consideration amount---Plea raised by defendants was that plot claimed by plaintiff was not available for allotment---Validity---Provision of art. 24 of the Constitution is not confined in its application to citizens only---Such right also applies to corporations and it is indefeasible right of every citizen to practice a profession provided he fulfills requirement as to standard prescribed by law---actions of defendants of not handing over possession of suit plot was against such fundamental right---High Court directed authorities to allot an alternate plot to plaintiff equal in size and equal in location in lieu of suit plot---Such allotment would satisfy rule of fundamental right to property, as enshrined by art. 23 of the Constitution---When buyer was deprived from his valuable property rights at the fault of defendants, he was entitled to general damages as claimed---Suit was decreed accordingly.

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