| Case ID |
e2bab976-6009-4e70-ad2a-e4b9880769bd |
| Body |
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| Case Number |
Civil Appeals Nos. 319 to 323 of 2006, 86-K and 87 |
| Decision Date |
Feb 22, 2017 |
| Hearing Date |
Feb 22, 2017 |
| Decision |
The Supreme Court of Pakistan allowed the appeals, remanding the matters to the learned High Court to determine the rate of commercialization fees for properties that have been commercialized. The court clarified that although respondents could seek commercialization, it must be with the payment of applicable fees. Furthermore, it stated that the previous leave refusing order by the High Court did not constitute binding law. The court emphasized the need for case-by-case determination of fees, which was not adequately addressed by the High Court in its prior judgments. |
| Summary |
This case involves the Karachi Development Authority and MST. Hawa Bai concerning the commercialization of properties in Karachi. The Supreme Court's ruling clarified the legal standing on commercialization fees for properties that were previously residential but have been converted into commercial use. The court highlighted the importance of paying applicable fees and established that the High Court's decisions based on a prior leave refusing order lacked binding authority. The decision emphasizes the need for proper evaluation of fees based on individual cases, thereby ensuring lawful compliance in the commercialization process. This ruling is vital for property owners in urban areas undergoing commercialization, setting a precedent for future cases regarding property rights and commercialization in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
KARACHI DEVELOPMENT AUTHORITY
|
| Judges |
UMAR ATA BANDIAL, JUSTICE,
FAISAL ARAB, JUSTICE,
MIAN SAQIB NISAR, CHIEF JUSTICE
|
| Lawyers |
Sh. Jamil Ahmed, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record,
Shehryar Qazi, Additional A.G.,
Rasheed A. Rizvi, Senior Advocate Supreme Court,
Adnan Iqbal Chaudhry, Advocate Supreme Court,
Abdul Qadir, Advocate Supreme Court,
Raja Abdul Ghafoor, Advocate-on-Record
|
| Petitioners |
KARACHI DEVELOPMENT AUTHORITY THROUGH DIRECTOR GENERAL, CIVIL CENTRE, GULSHANEIQBAL, KARACHI
|
| Respondents |
6 OTHERS,
MST. HAWA BAI
|
| Citations |
2017 SLD 65,
2017 SCMR 1801
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
185(3)
|