| Case ID |
31b78261-b9dd-48a8-9c1c-b55c7dba3efb |
| Body |
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| Case Number |
Constitutional Petitions Nos. D-333 to 335 of 2010 |
| Decision Date |
Mar 03, 2011 |
| Hearing Date |
|
| Decision |
The Sindh High Court ruled in favor of the petitioners, declaring the impugned notification regarding the enhancement of rent in respect of the Shopping Centre to be without lawful authority and of no legal effect. The court emphasized that the Sindh Local Government Ordinance does not apply to areas designated as Cantonments under the Cantonments Act, 1924. The court highlighted that the jurisdiction of a council is strictly territorial, meaning that the powers conferred by the Ordinance cannot extend beyond the council's designated local area. Consequently, the enhancement of rent imposed by the District Government was deemed unlawful as the Shopping Centre was situated within the Hyderabad Cantonment, thus falling outside the jurisdiction of the respondent council. No order as to costs was made in this case. |
| Summary |
This case involved constitutional petitions filed against a notification issued by the District Government of Hyderabad that increased the rent for shops at the District Council Shopping Centre. The petitioners, tenants of the shopping centre, argued that the notification was unlawful because the shopping centre was located in a Cantonment area, which is excluded from the application of the Sindh Local Government Ordinance. The Sindh High Court held that the Ordinance does not apply to Cantonment areas, and therefore, the enhancement of rent was declared invalid. The court's ruling emphasized the importance of jurisdiction and the limitations placed on local councils regarding their powers over properties located outside their designated areas. This case highlights key legal principles regarding local governance, jurisdictional authority, and tenant rights, making it significant in the context of local government law in Sindh. The decision reinforces the need for compliance with statutory requirements when regulating rents in specific jurisdictions. |
| Court |
Sindh High Court
|
| Entities Involved |
District Government, Hyderabad,
Zila Council
|
| Judges |
MUNIB AKHTAR,
NISAR MUHAMMAD SHAIKH
|
| Lawyers |
Hasan Mehmood Baig,
Aslam Pervez Khan
|
| Petitioners |
others,
Syed JEHANGIR ALI
|
| Respondents |
others,
DISTRICT COORDINATION OFFICER, HYDERABAD
|
| Citations |
2011 SLD 2255,
2011 PLD 293
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Local Government Ordinance,
Constitution of Pakistan,
Cantonments Rent Restriction Act
|
| Sections |
1(2),
116(1),
199,
3
|