| Case ID |
2dd53565-b0e5-41ca-b1d1-3049225c7c0a |
| Body |
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| Case Number |
Civil Petitions Nos. 496 and 695 to 709 of 1999 |
| Decision Date |
May 14, 1999 |
| Hearing Date |
May 14, 1999 |
| Decision |
The Supreme Court of Pakistan ruled that the Capital Development Authority (CDA) cannot implement a master plan for the city of Islamabad without properly acquiring the land in question and preparing a scheme in accordance with the Capital Development Authority Ordinance, 1960. The court emphasized that any action taken by the CDA without following the legal procedure would violate the constitutional rights of the landowners. The CDA was directed to initiate acquisition proceedings after framing a proper scheme and was reminded that they could regulate construction only if authorized by law. This decision reinforces the need for adherence to due process in land acquisition and urban planning. |
| Summary |
This case revolves around the legal conflict between the Capital Development Authority (CDA) and landowners in Islamabad regarding the implementation of a master plan designating certain lands as a National Park. The CDA objected to constructions made by landowners who had obtained necessary approvals. The Supreme Court held that the CDA's actions were unlawful due to the lack of a prepared scheme for land acquisition as required under the Capital Development Authority Ordinance, 1960. The ruling highlights the importance of proper legal procedures in urban development and the protection of property rights. This case serves as a critical reference for future disputes involving land use and development regulations in Pakistan, ensuring that authorities comply with established laws before taking action against property owners. Keywords include 'urban planning', 'land acquisition', 'property rights', 'legal compliance', and 'Supreme Court of Pakistan'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Capital Development Authority,
Dr. ABDUL QADEER KHAN
|
| Judges |
AJMAL MIAN, C.J.,
MAMOON KAZI,
CH. MUHAMMAD ARIF, JJ
|
| Lawyers |
Fazle Ghani Khan, Advocate Supreme Court,
Malik Muhammad Nawaz, Advocate Supreme Court,
Raja Abdul Ghafoor, Advocate-on-Record,
S.M. Zafar, Senior Advocate Supreme Court,
Imtiaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
Capital Development Authority
|
| Respondents |
Dr. ABDUL QADEER KHAN
|
| Citations |
1999 SLD 556,
1999 SCMR 2636
|
| Other Citations |
Muree Brewery Co. Ltd. v. Pakistan PLD 1972 SC 279
|
| Laws Involved |
Capital Development Authority Ordinance (XXII of 1960),
Constitution of Pakistan (1973)
|
| Sections |
12,
13,
22 to 36,
23
|