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MOULVI IQBAL HAIDER versus CAPITAL DEVELOMENT AUTHORITY


Sections 12, 19, 20, 21 and 49 of the Islamabad Land Disposal Regulation, 1993, Regulations 3 and 12 (3) of the Constitution of Pakistan (1973), Arts 184 (3), 9 and 26 of the Constitution for Articles 184 (3). The applicant's argument in the Constitution of Pakistan before the Supreme Court was that wherever, a scheme was developed under Section 12 of the Capital Development Authority Ordinance, 1960, for public parks, playgrounds, cemeteries and random open spaces. Plot of facilities including plot. , Etc. were kept separately. Under the Act No 3 of the Islamabad Land Disposal Regulation 1993 for the purpose of setting up a mini golf course on a public park, no permission was sought from the Federal Government nor to read Section 19 of Section 20 of the Capital. Accordingly, objections were raised in this regard. Development Authority Ordinance, 1960; Capital leasing was done by the Capital Development Authority with no legal authority and jurisdiction with the private party, thus, the basic rights of the general public included in Articles 9 and 26 of the Constitution. Was denied; that in a public park, citizens, including children, were not required to buy a ticket and once the mini-golf course was established, admission to the general public would be hampered by the conditions, Including enjoying other fun against ticket purchases and payments. The Development Authority is obliged to provide a public park for the residents of the relevant sector, which will be retained by the authority itself, and under Rule 12 (3) cannot be allowed to be converted into a commercial project by a third party. Islamabad Land Disposal Regulation, 1993

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