ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

 

C.P. No.D-5890 of 2018

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Dated:                  Order with signature of Judge(s)

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1.         For orders on Misc. No.25555/2018

2.         For orders on Misc. No.25556/2018

3.         For orders on Misc. No.25557/2018

4.         For hearing of main case.

 

 

15.08.2018

 

M/s. Haider Waheed and Abdul Moiz Jaferi, advocates for the petitioners.

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1)         Urgency granted.

2)         Exemption granted subject to all just exceptions.

3&4)    Per learned counsel for the petitioners, the petitioners are residents of Askari-IV situated at Main Rashid Minhas Road opposite to Gulshan-e-Jamal of Gulistan-e-Jauhar, Karachi. Learned counsel for the petitioners have drawn attention of this Court to the layout plan of the area of the Askari-IV issued by the Military Estates Officer, Karachi Circle, Karachi. Learned counsel contends that a mosque is shown in the layout plan, referred to above and in the adjoining ground there is space, which is being used for parking of the said mosque. Learned counsel for the petitioners further contends that respondents are planning to raise a ten storyied commercial building on the space surrounding the mosque which is being used for amenity purpose. To support his contention learned counsel has placed reliance upon the case of Mst. Yawar Azhar Waheed versus Khalid Hussain and other reported in 2018 SCMR 76 wherein it has been held that:-

“14.     Once the master plan is notified and it is accepted by the purchaser of the plot and the Board accepts the offer of purchaser and allots the plot, thereafter, the Cantonment Board is left with no authority to bring changes in the master plan, designed for the housing scheme unilaterally because a binding contract came into existence in such eventuality”.

  

Learned counsel has also referred to an unreported judgment passed on 14th January, 20018 by the Honourable Supreme Court of Pakistan in Human Rights cases No.14-K of 1992 and others (copy of the same is available as annexure “P/15” at page-215 with MoP) wherein it has been held that :-

 

“It is made clear that the builders would only be allowed booking upto six commercial / residential floors so allowed by this order and no more”.

 

Issue notices to the respondents and Additional Attorney General for Pakistan for 30.08.2018. Till next date of hearing, parties are directed to maintain status-quo.

 

JUDGE

JUDGE