2338/2010 Const. P. Mrs Nusrat Khan (Petitioner) V/S C.D.G.K & Others (Respondent)

2338/2010 Const. P. Mrs Nusrat Khan (Petitioner) V/S C.D.G.K & Others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon, Hon'ble Mr. Justice Zulfiqar Ali Sangi(Author) Order Date: 06-APR-26

The impugned public notice/final notice for cancellation published in daily Dawn dated 19.11.1999 and the demand founded thereon in C.P. No. D-1958 of 2010 are also declared to be without lawful authority and of no legal effect to the extent they are based upon enhancement of NUF and/or occupancy value contrary to the original governing regime. The Respondents are restrained from acting upon the same. If any lawful determination of dues is to be undertaken, the same shall be made strictly in accordance with Regulation 25 and Clause 13 of Appendix ???A??? of the 1965 Regulations on the original occupancy value, after issuing notice to the persons presently affected/interested, adjusting prior payments, and keeping in view the subsequent transfer of the plot. The Respondents shall complete the above exercise, if they choose to do so, within three months from the receipt of this judgment. Till such lawful re-determination, no coercive action shall be taken against the Petitioners and/or the subject plots on the basis of the impugned demands/notices. These petitions stand allowed in the above terms; all pending application are also disposed of.