| Case ID |
ed179dbf-1ed9-4c3e-b37c-25164e18c350 |
| Body |
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| Case Number |
Civil Appeal No. K-34 of 1972 |
| Decision Date |
Jan 15, 1975 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal by Haif Hashmatullah and others against the Karachi Municipal Corporation and others regarding the lease of land. The court concluded that the Commissioner acted within his authority and that the decision to deny the lease to the appellants was not against public interest. The court emphasized that the purpose of the land's use should benefit the public at large rather than serve individual interests, and the sale to the appellants was primarily for their personal gain. The court found that the interpretation of 'public interest' by the lower tribunal was reasonable and within the bounds of the law. The appeal was dismissed without any order as to costs. |
| Summary |
This case involves a dispute over the lease of land owned by the Karachi Municipal Corporation. The appellants, Haif Hashmatullah and others, sought to acquire a plot of land for personal use, arguing that it was essential for their rehabilitation as displaced persons. However, the Karachi Municipal Corporation opposed the lease, indicating that it was against public interest as it would not serve the broader community. The Supreme Court ultimately upheld the decision of the lower tribunal, emphasizing that public interest should prevail over individual interests in land transactions. The case highlights the legal interpretation of public interest under the Municipal Administration Ordinance and the authority of the Commissioner in making such determinations. The ruling also delineates the responsibilities of municipal bodies in managing public resources effectively. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Karachi Municipal Corporation,
Divisional Evacuee Trust Committee
|
| Judges |
HAMOODUR RAHMAN, C.J.,
SALAHUDDIN AHMED,
ABDUL KADIR SHAIKH, JJ
|
| Lawyers |
Khalil M. Ishaque, Advocate Supreme Court,
Nizam Ahmad, Advocate-on-Record for Appellants,
K. A. Ghauri, Advocate-on-Record for Respondent,
M. S. Memon, Advocate-on-Record for Respondent,
S. Anwar All, Advocate-on-Record for Respondent
|
| Petitioners |
Haif HASHMATULLAH and others
|
| Respondents |
KARACHI MUNICIPAL CORPORATION AND OTHERS
|
| Citations |
1975 SLD 275,
1975 SCMR 359
|
| Other Citations |
Muhammad Hussain Munir and others v. Sikandar and others P L D 1974 S C 13,
Karam Khan and 5 others v. Muhammad Isa and 12 others 1975 SCMR 36,
Province of East Pakistan v. Dr. Azizul Islam P L D 1963 S C 296,
Ekramul Haq and another v. The Province of East Pakistan and others 1964 P S C R 199,
Hamabai Framjee Petit v. Secretary of State for India 42 I A 44,
Tikamdas Hiranand v. Divisional Evacuee Trust Committee 1973 S C M R 315,
Ali Muhammad v. Muhammad Ramzan 1969 S C M R 46,
M/s. Oxford Knitting Mills v. Sukkur Municipality 1970 S C M R 537,
Meraj Din v. Noor Muhammad and 3 others 1970 S C M R 542
|
| Laws Involved |
Municipal Administration Ordinance (X of 1960),
Constitution of Pakistan (1962)
|
| Sections |
111,
98
|