| Case ID |
00404b19-3ce8-4975-b5f7-5b8c96fcbfca |
| Body |
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| Case Number |
Suit No. 813 and Civil Miscellaneous Applications |
| Decision Date |
Jan 17, 2000 |
| Hearing Date |
Aug 19, 1999 |
| Decision |
The Sindh High Court ruled in favor of the plaintiffs, asserting that the Karachi Development Authority (KDA) and the Cooperative Society acted unlawfully by converting amenity plots into residential plots without following due process. The court emphasized the importance of maintaining public spaces and the rights of residents to enjoy a clean and decent environment. It granted a temporary injunction against further construction on the disputed plots, underscoring that the plaintiffs had established a prima facie case demonstrating irreparable harm if construction proceeded. The decision reflects a strong stance against the unlawful alteration of land use, reinforcing the necessity for adherence to legal protocols in urban planning. |
| Summary |
This case pertains to a legal dispute involving the Al-Hilal Cooperative Housing Society and the Karachi Development Authority (KDA) concerning the unlawful conversion of land designated for public amenities into residential plots. The plaintiffs, residents and owners within the Society, filed a suit challenging the actions of the KDA and the Society, alleging that the conversion of amenity plots into residential ones was conducted without proper legal authority and in violation of the Cooperative Societies Act, 1925, and other relevant laws. The court found that the plaintiffs had a right to challenge the actions of the KDA, emphasizing the significance of public spaces and the detrimental effects of such conversions on the community. The ruling underscored the necessity for compliance with legal frameworks governing land use and urban planning. The court's decision to grant a temporary injunction prevented any further construction on the disputed plots until a final resolution could be reached, thereby protecting the interests of the residents. Overall, this case highlights critical issues regarding urban development, community rights, and adherence to legal procedures in land management. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi Development Authority,
Al-Hilal Cooperative Housing Society
|
| Judges |
S. AHMED SARWANA, J
|
| Lawyers |
Khawaja Shamsul Islam,
Amir Hani Muslim,
Muhammad Ali Jan,
Farrukh Zia Shaikh,
Aamer Raza Naqvi,
Naimur Rehman
|
| Petitioners |
Dr. ZAHIR ANSARI and others
|
| Respondents |
Karachi DEVELOPMENT AUTHORITY and others
|
| Citations |
2000 SLD 2236,
2000 PLD 168
|
| Other Citations |
1996 MLD 593,
PLD 1995 Kar. 399,
1995 MLD 399,
AIR 1941 Nag. 364,
PLD 1969 Kar. 474,
PLD 1965 SC 698,
PLD 1965 SC 671,
1974 SCMR 356,
1997 CLC 962,
PLD 1995 SC 530,
PLD 1991 SC 14,
1990 CLC 83,
1990 CLC 448,
Ardeshir Cowasjee v. KBCA 1999 SCMR 2883
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act, 1877,
Transfer of Property Act, 1882,
Cooperative Societies Act, 1925
|
| Sections |
Order XXXIX, Rules 1, 2, 94, 151,
Order VII, Rule 11,
Order X,
42,
56(k),
41,
70,
54,
70A
|