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