3240/2014 Const. P. Muhammad Yousuf Jamal (Petitioner) V/S Govt Of Sindh and ors (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi
3240/2014 Const. P. Muhammad Yousuf Jamal (Petitioner) V/S Govt Of Sindh and ors (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi Order Date: 02-APR-26
The objection regarding maintainability has already been overruled by this Court, as it is well-settled in Ardeshir Cowasjee v. Karachi Building Control Authority (1999 SCMR 2883) that any resident of Karachi can maintain a petition for prevention or removal of encroachments on amenity plots. The plea of alternate remedy is not considered equally efficacious as a constitutional petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973. 8. From the official perspective, it appears that Amenity Plot ST-5/1 remains reserved for playground/park use.in such circumstances of the case, this court is left with no option but to direct the competent authority of the KMC, with law enforcement, to take pains to remove the encroachments as already ordered by this court vide order dated within three months. 9. The petition is disposed of along with all pending application(s).