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Petitioner: Syed MAZHAR ALI GILLANI VS Respondent: CITY DISTRICT GOVERNMENT, KARACHI and 2 others
Court Name: Sindh High Court Judge(s): Amir Hani Muslim, Sabihuddin Ahmed Title:Syed MAZHAR ALI GILLANI vs CITY DISTRICT GOVERNMENT, KARACHI and 2
others Case No.: Constitutional Petition No, 1472-D of 2003 Date of Judgment:2003-12-24 Reported As: 2007 YLR 3171 Result: Petition dismissed Judgment ORDER ' On the last date the respondents were directed to show whether commercialization of an amenity plot for a hospital was effected through amendment under the Zonal Plan Scheme under Article 40(3) or by way of a exceptional measure under Article 40(4). Mr. Manzoor Ahmad, appearing for respondent No,l, has not been able to make a firm statement and requests for an adjournment., 2. Mr. Shahid Jameeluddin, learned counsel for respondents Nos. 2 & 3, however has brought to our attention a Notification dated 4th October, 1994, containing substitution of clauses (2) to (4) of and the explanation to Article 52-the K.D.A .Order by the following clauses:- "1. (1) This Act may be called the Karachi Development Authority (Sindh'Amendment) Act, 1994. (2) It shall come into force On and from 2nd May, 1994. 2. In the Karachi Development Authority Order 1957, iii Article 52-A, for clauses (2), (3) and (4) and Explanation thereunder, the following shall be substituted:- (2) No amenity plot reserved for the purposes mentioned in clause (1) shall be converted to or utilized for any other purposes. (3) The Karachi Development Authority (Sindh Amendment) Ordinance, 1994 is hereby repealed. " ' Indeed the above amendment overtakes the controversy inasmuch as the law expressly forbids conversion or utilization of an amenity plot for any other purposes, such conversion could neither be effected by way of amendment of Zonal Plan nor through special permission. In view of the above, we find substance in the petition and are constrained to dismiss this petition in limine along with the listed application. 3. We appreciate the assistance rendered by, Mr. Shahid Jameeluddin Khan.