MUHAMMAD LUQMAN KAKAR vs QUETTA DEVELOPMENT AUTHORITY R — 2025 PLD 54 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD LUQMAN KAKAR VS QUETTA DEVELOPMENT AUTHORITY R. 149(2)---Quetta Development Authority Ordinance (IV of 1978), Preamble & S. 40---Constitution of Pakistan, Art. 25---Housing scheme---Usage of residential area as commercial one since long---Vested right---Negative equality---Wrong concession---Petitioners, residents of a Housing Scheme being regulated under Queta Development Authority/QDA (scheme-in-question), were aggrieved of involvement of the private respondents in commercial activities (in the shape of Offices, Clinics, Guest Houses, Restaurants and Schools etc.) in the residential area of Scheme-in-question---Contention of the petitioners was that on account of mushroom growth of unlawful commercial activities, they were facing multifarious inconveniences and their fundamental rights of free movement and peaceful enjoyment of property had seriously been jeopardized---Contention of private respondent was that a vested right had been created in his favour as he was occupying the premises for the commercial activity since long, as such commercial activities were going on around the area---Held, that said contention was without any substance for the reason that Art. 25 of the Constitution does not envisage any negative equality---Such right can only be claimed when decision is taken in accordance with law---A wrong concession in favour of one person does not entitle any other person to claim benefit of a wrong decision---If such type of activities are allowed, it would seriously impair the use of the property not only of petitioners but of all those who were living in such residential areas---High Court directed the official respondents (Quetta Development Authority) to cease all commercial activities found in violation of applicable laws/regulations immediately---Constitutional petition was allowed accordingly.

MUHAMMAD LUQMAN KAKAR vs QUETTA DEVELOPMENT AUTHORITY R — 2025 PLD 54 QUETTA-HIGH-COURT-BALOCHISTAN

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