AMJAD vs AIJAZ AHMED JATOI S — 2026 CLC 208 BOARD-OF-REVENUE-SINDH

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AMJAD VS AIJAZ AHMED JATOI S. 42---Mutation---Amenity plots of Housing Society, sale of---Legality---Registered sale deed---Effect---Bona fide purchase, doctrine of---Scope---The subject plots were earmarked for public amenities-namely, a "Culture Center" and a "Hospital" as per the approved Layout Plan of the Housing Scheme---Record clearly showed that the Builder unlawfully alienated said amenity plots in contravention of the approved plan, which was impermissible under the law and public policy---The land reserved for amenity purposes in a sanctioned housing scheme cannot be converted, sold or utilized for any purpose other than that originally approved by the competent planning authority---Any such transaction was void and conferred no title, even upon a subsequent purchaser---The sale of amenity plots amounted to an illegality; the purchaser may, if advised, seek civil remedy against the Builder for recovery of his consideration, since the sale itself was null and void---The plea of bona fide purchase advanced by the applicant could not override the public interest or the sanctity of the approved layout plan---The doctrine of bona fide purchaser for value without notice does not apply when the sale itself is prohibited by law or is in respect of property incapable of private ownership---Thus, the petitioner' claim could not sustain as it was conclusively established that the sale and corresponding mutation of the amenity plots were unlawful, void ab initio and against the public interest---The petitioner's plea of bona fide purchase holds no legal weight in respect of amenity plots that could not be transferred or owned privately under the governing laws and planning regulations---Both subordinate authorities had passed well-reasoned and justified orders supported by law and factual record---Board of Revenue directed the District Administration and the concerned Director, Town Planning Authority, to inquire about illegal sale of subject amenity-plots and directions issued in present order were to be complied with against the delinquents---Revision was dismissed, in circumstances.

AMJAD vs AIJAZ AHMED JATOI S — 2026 CLC 208 BOARD-OF-REVENUE-SINDH

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