5828/2020 Const. P. Shiraz Mazhar (Petitioner) V/S D.H.A and Others (Respondent)

5828/2020 Const. P. Shiraz Mazhar (Petitioner) V/S D.H.A and Others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 16-DEC-24

Article 199 of the Constitution allows this Court intervention only when: All other legal remedies have been exhausted, or, no alternative legal remedies exist. To invoke the jurisdiction of this Court, the petitioner must demonstrate a vested/legal right or interest that has been violated, which the petitioners failed to demonstrate by producing cogent material on record, merely saying that reclassifying Plot No. 12-B for commercial use is not sufficient until and unless it is proved in evidence that it is illegal as the Board of DHA has no power and authority to do so under the relevant regulations, which involve zoning approvals and environmental impact assessments, depending on the proposed commercial use. Besides it is yet to be determined that Plot No. 12-B, a corner plot on Commercial Avenue, was always shown as an open plot for residential purposes, however, respondents had shown the plot's purpose as a "Sewerage Pump" station on older maps and now relocated it somewhere else. These all facts require evidence and this court at this stage cannot give concrete findings on the subject issue.