CAPITAL DEVELOPMENT AUTHORITY, ISLAMABAD vs M. SAJID PIRZADA Legality — 2024 SCMR 1381 SUPREME-COURT

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CAPITAL DEVELOPMENT AUTHORITY, ISLAMABAD VS M. SAJID PIRZADA Legality---Master Plan---Land designated on the Master Plan for "Future Use"---Connotation---Writ petitions were filed before the High Court alleging that the Capital Development had illegally and unlawfully changed the Master Plan and created certain new plots in a closed end street, which the CDA could not do so and that it be restrained from approving the building plans in respect of the said plots and be directed to adhere to the Master Plan---High Court allowed the said petitions, cancelled the said plots, and further directed CDA to initiate departmental action against those who had violated the Master Plan---Validity---Counsel for respondents (petitioners before the High Court) was not able to point out any legal restriction preventing the plots in question from being allotted, particularly when the said land was designated on the Master Plan for Future Use---Master Plan, the layout plans and Google map data which had been filed showed the location of the said plots, and there was no question of obstruction of light and air with respect to the plots of the respondents---Counsel for respondents could not show what particular rights of theirs had been violated in allotting the said plots nor did he refer to any law which prevented CDA from utilizing, for the benefit of earlier allottees, land designated for 'Future Use'---Term 'Future Use' did not mean that the land was to be left open nor did it mean that it was to be used for amenity purposes, which may, have prohibited their allotment---Petitions were converted into appeals and allowed, impugned judgments of the High Court were set-aside and the cancelled allotments were restored.

CAPITAL DEVELOPMENT AUTHORITY, ISLAMABAD vs M. SAJID PIRZADA Legality — 2024 SCMR 1381 SUPREME-COURT

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