2025 YLR 33 KARACHI-HIGH-COURT-SINDH

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Citation Name: 2025 YLR 33 KARACHI-HIGH-COURT-SINDHBookmark this Case Delhi Mercantile Muslim Cooperative Housing society limited VS Muhammad Javed Ss. 42 & 54---Karachi Development Authority Order (V of 1957), Art. 52-A [as amended by Karachi Development Authority (Sindh Amendment) Act, 1994]---Suit for declaration and injunction---Amenity plot---Nature, changing of---Applicant / defendant was a Cooperative Society which had established family park over an amenity plot---Respondents / plaintiffs claimed to be the allottees of suit land after nature of suit land was converted from amenity to residential---Judgment and decree passed by Trial Court in favour of respondents / plaintiffs was maintained by Lower Appellate Court---Validity---Amendments in Art.52-A of Karachi Development Authority Order, 1957 were applicable, because conversion permission granted by the Authorities was of subsequent date---Conversion and sub-division of suit land was illegal from its inception---Authorities illegally converted land use, from amenity to residential, coupled with the fact that no construction was ever raised on suit land by respondents / plaintiffs---By operation of law when suit land was reverted to respondent / Society, thereafter it was allotted to applicant / Society---Applicant/ Society restored its original amenity purpose and suit land was utilized as family park for the residents of the vicinity---When suit was filed by respondents / plaintiffs, it was not maintainable---High Court set aside both the decisions passed by two Courts below and suit filed by respondents / plaintiff was dismissed---Revision was allowed accordingly.

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