444/2014 Const. P. Mehbob Ali (Petitioner) V/S D.C. Sanghar & others (Respondent)

Sindh High Court2019

Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)

444/2014 Const. P. Mehbob Ali (Petitioner) V/S D.C. Sanghar & others (Respondent) Sindh High Court

Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 12-DEC-19

Prima-facie the subject land is reserved for Musafir khana which is for the people of area, legal title may vest in the Government, but such title, and the exercise of powers based thereon, is to be exercised in public interest, in accordance with the Constitution and the laws framed thereunder. Similarly, in the case reported as Ardeshir Cowasjee and 10 others v. Karachi Building Control Authority (KMC), Karachi and 4 others (1999 SCMR 2883) in somewhat similar facts in respect of a plot which was carved out within a park area, the Honble Supreme Court has held that an amenity plot cannot be used for any commercial purpose.

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444/2014 Const. P. Mehbob Ali (Petitioner) V/S D.C. Sanghar & others (Respondent)

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