| Case ID |
3b618a70-537b-4e64-a161-429c161b4057 |
| Body |
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| Case Number |
Civil Appeal No. 639 of 2014 |
| Decision Date |
May 12, 2022 |
| Hearing Date |
May 12, 2022 |
| Decision |
The Supreme Court of Pakistan upheld the decision of the High Court of Sindh, which ruled that the adjacent plot could not be lawfully merged with the commercial plot. The court emphasized that the adjacent plot was designated as an amenity plot and its conversion for commercial use was illegal. The ruling reinforced the principle that public spaces, such as parks, are protected under the law and cannot be sold or converted for commercial purposes without due process and transparency. The court found that the High Court's decision was correct and dismissed the appeal. |
| Summary |
This case revolves around the legality of merging an amenity plot with a commercial plot. The Supreme Court of Pakistan addressed issues regarding land use regulations under the Cantonment Land Administration Rules, 1937, specifically focusing on the protection of public spaces. The court found that the adjacent plot, originally an amenity plot, could not be converted for commercial use as it violated the rights of the public to enjoy parks and recreational spaces. The decision emphasized the importance of adhering to legal frameworks that protect public interest and the necessity for transparency in land transactions. The ruling highlights ongoing concerns about urban development and the preservation of public amenities. Legal practitioners and urban planners must consider these factors in future developments to ensure compliance with existing laws and regulations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Defence Housing Authority (DHA)
|
| Judges |
IJAZ UL AHSAN,
MUNIB AKHTAR,
SAYYED MAZAHAR ALI AKBAR NAQVI
|
| Lawyers |
Syed Ali Zafar, Advocate Supreme Court for Appellant,
Khalid Javed, Advocate Supreme Court for Respondent No. 3,
Malik Naeem Iqbal, Advocate Supreme Court for Respondent No. 4
|
| Petitioners |
MALL DEVELOPMENT (PVT.) LTD.
|
| Respondents |
others,
WALEED KHANZADA
|
| Citations |
2022 SLD 2338,
2022 SCMR 2080
|
| Other Citations |
Not available
|
| Laws Involved |
Cantonment Land Administration Rules, 1937,
Constitution of Pakistan
|
| Sections |
Chapter V,
Article 9
|