CITY DISTRICT GOVERNMENT, KARACHI vs AKRAM NABI art — 2024 SCMR 1215 SUPREME-COURT

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CITY DISTRICT GOVERNMENT, KARACHI VS AKRAM NABI art. 52-a & Preamble---amenity plot---Matter pertaining to illegal allotment of plots in land earmarked and designated as a public park (Bagh-e-Ibn-Qasim)---When Karachi Development authority (KDa) realized that the allotment orders were illegal and had been issued in respect of a park, and were issued by changing the designated land use to commercial use, the same were cancelled after issuance of requisite show cause notices---Some of the allotees filed constitutional petitions before the High Court, which ordered that the allottees be compensated 'by offering alternate property in their respective favour without any further delay, in order to maintain balance and to do complete justice'---Legality---allottees were granted relief by the High Court which they had not even asked for---Karachi Development authority Order, 1957 in its Preamble specifically mentioned the protection of public amenities like parks, gardens and playgrounds, etc.---article 52-a of the Karachi Development authority Order, 1957, which whilst undergoing changes, does and always did prohibit the conversion of amenity plots and to change their designated use---amenity plots cannot be changed to commercial use---What was reserved for the public could also not have been converted for private benefit, nor could the park be used for commercial use---Private use and/or profit cannot negate or undermine public use and benefit---Relief granted by the High Court was beyond what had been asked for, and it could not have been granted to do complete justice---On the contrary, the relief which was granted was in violation of the Master Plan of the City and the applicable law---Before any lease had been executed by KDa the illegality which had been committed was realized and KDa cancelled the allotment orders, after show cause notices were issued to the allottees---KDa had also not elected to retain/forfeit amounts paid by the allottees rather it had offered to refund the same---Impugned judgment of the High Court was not sustainable, and was accordingly set-aside---appeal was allowed accordingly.

CITY DISTRICT GOVERNMENT, KARACHI vs AKRAM NABI art — 2024 SCMR 1215 SUPREME-COURT

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