| Case ID |
03fe7f01-9f7a-45e8-a11f-259ded3440cd |
| Body |
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| Case Number |
High Court Appeal No. 165 of 2004 |
| Decision Date |
Oct 03, 2011 |
| Hearing Date |
Oct 19, 2010 |
| Decision |
The High Court allowed the intra-court appeal, directing the authorities to reconsider the case of the appellant for approval of the revised building plan in accordance with the law and bye-laws. The court emphasized that the Cantonment Board had wide powers to regularize any illegal constructions and deviations in approved plans by accepting a composition fee. The court found that the authorities had exercised their discretion in a fanciful and arbitrary manner, singling out the appellant without a clear policy or guidelines, which constituted discriminatory treatment. The court remanded the matter back for a fresh decision, ensuring that the appellant would have the opportunity to present his case fully. |
| Summary |
In the case of High Court Appeal No. 165 of 2004, the Sindh High Court addressed issues surrounding the approval of a revised building plan by the Karachi Cantonment Board. The appellant, Muhammad Amin Chapal, alleged that he faced discriminatory treatment in the approval process compared to similar projects that had received regularization for deviations from approved plans. The court examined the provisions of the Cantonments Act, 1924, particularly sections 184 and 185, which grant the Cantonment Board significant powers to condone deviations in construction plans. The decision highlighted the importance of equal treatment under the law as guaranteed by Article 25 of the Constitution of Pakistan. The court ultimately ruled that the appellant's case warranted reconsideration, emphasizing the need for transparency and fairness in administrative decisions. This case underscores the ongoing challenges faced by developers in navigating regulatory frameworks while ensuring compliance with building laws. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi Cantonment Board,
Cantonment Executive Officer
|
| Judges |
MUSHIR ALAM, C.J.,
AQEEL AHMAD ABBASI, J
|
| Lawyers |
Munir A. Malik for Appellant,
Abdur Rehman for Respondent
|
| Petitioners |
MUHAMMAD AMIN CHAPAL
|
| Respondents |
KARACHI CANTONMENT BOARD through Cantonment Executive Officer
|
| Citations |
2012 SLD 2273 = 2012 PLD 1
|
| Other Citations |
Abid Hassan v. P.I.A.C and others 2005 SCMR 25,
State Life Insurance Corporation of Pakistan v. Director-General, Military Lands and Cantonments, Rawalpindi and 4 others 2005 SCMR 177,
Amanullah Khan and others v. The Federal Government of Pakistan PLD 1990 SC 1092,
Sharaf Faridi v. Federation of Islamic Republic of Pakistan PLD 1989 Kar. 404,
Sibte Mujtaba Kazmi v. Cantonment Board 2008 MLD 793,
Saleem Akhtar Rajput and another v. Karachi Metropolitan Corporation and 2 others 1994 CLC 211,
I.A. Sherwani and others v. Government of Pakistan and others 1991 SCMR 1041
|
| Laws Involved |
Cantonments Act, 1924,
Constitution of Pakistan, 1973,
Law Reforms Ordinance, 1972,
Specific Relief Act, 1877
|
| Sections |
184,
185,
25,
3,
42
|