272/2023 Const. P. Yasir Hayat and Others (Petitioner) V/S Province of Sindh & Others (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Abdul Mobeen Lakho
272/2023 Const. P. Yasir Hayat and Others (Petitioner) V/S Province of Sindh & Others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Abdul Mobeen Lakho Order Date: 19-JAN-26
However, we confronted the parties with the Supreme Court???s order dated 22-01-2019, passed in Civil Petition No. 815-K/2016, which prohibits changing residential or amenity plots to commercial use. However, it is urged by the parties that this ban targets illegal or post-2019 approvals, and the Petitioners??? plot, being on a declared commercial road and having completed all requirements before the cut-off date i.e. 22-01-2019, falls within the exception; as such, the Respondents are legally obliged to issue the challan and process the change of land use. This issue needs to be examined by the Master Plan Authority by examining the decision of the Supreme Court. 10. Without touching the merits of the case, the competent authority is directed to comply with the Supreme Court???s order by issuing a speaking order on the subject issue after hearing all concerned within two months. If the case of the petitioners falls within the ratio of commercialization, the decision shall be made strictly in accordance with law. 11. The petition stands disposed of along with pending application(s).