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SHEIKH NAEEM AHMED versus PROVINCE OF SINDH


Articles 40 (3) (4) and 49 (4) of the Constitution of Pakistan (1973), Article 199 Constitutional petition The business pension of the plot approached the provincial government to commercialize its plot, before the applicant also filed a constitutional petition. In which the directive was demanded. The provincial government did not agree with the Karachi Building Authority's approval for commercialization in order to commercialize its plot, but, despite the directive to approve commercialization, the applicant's plot The reason assigned by the provincial government as per the approval of the Commercialization was that it was owned by the Karachi Development Authority and it was the only authority in exercise of its powers under Article 40 (3) of the Karachi Development Authority Order, 1957. , The approval of the trade system was authorized by the provincial government. Through which the plot / land on six different roads of Karachi, on which the applicant's plot was located, was declared commercial when once such scheme was notified by the provincial government, any person in Karachi. Cannot use the land for any purpose other than the one contained in Article 40 (4) of Article 40 of the Article 40. The Development Authority Order, 1957, allowed the building authority to change its use after a public hearing, and after taking notice of the person affected by the deviation from the scheme, the plot of the applicants was commercialized, then permission from the authority. The question of taking was not born. The applicant was free to construct a commercial building on the plot in dispute subject to the approval of the project and did not charge any commercialization fees.

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