Find a Lawyer

Constitutional Petition No. D‑581 of 1985, decided on 15th October, 1985.

‑‑‑Art.9‑‑Constitutional jurisdiction‑‑Authority in order to help and to accommodate unauthorised occupants of premises allotted other premises in place thereof‑‑Authority consulted union of such unauthorised occupants in respect of allocation of new premises for convenience of all such persons who admittedly were occupying premises without any lawful authority‑‑No one had any vested right to claim same premises which was in his unauthorised occupation‑‑Allotment order was passed by Authority taking into consideration entire facts‑‑Authority, held, did not commit breach of any law which called for interference by High Court in constitutional petition‑‑Petition dismissed in circumstances.

Obadur Rehman and S.H. Kazilbash for Petitioner.

Deewan Bashir Alam and A. Rauf for Respondents.

Saeed A. Shaikh, A.‑G. for the State.

‑The petitioner alongwith other persons is in unauthorised occupant inside Babar Market, Karachi. They made representations for regularisation of their possession. The governing body of respondent No.1 passed a resolution on 17‑1‑1982 resolving that all cabin‑holders be provided commercial plots of 15 sq. yards approximately each in the area specified by Director Planning and Urban Development. According to the petitioner he deposited the amount in full. He was issued allotment order in pursuance of the resolution passed by the governing body and he was allotted Shop No.338. According to him the petitioner was in possession of Shop No.733 therefore, this shop should have been allotted to him. He made various representations to the authorities. The respondent No.2 vide his letters dated 17‑2‑1985 informed the petitioner and others as under:‑

"Your case has been examined in detail and you were heard by the Director Land Management K . D . A . Since the allocation of alternate commercial plots was made by your own union and the plots now occupied by you also stand allocated to other members of the Union, therefore, it is not possible to regularise your possession. The change can, however, by allowed on mutual agreement between you and the allottees of these plots."

The petition has been contested by the respondent Learned counsel for the petitioner has submitted that the petitioner was in possession of Cabin No.733 and, therefore this cabin should have been allocated to him. The action of the respondent No.1 in delegating statutory functions to respondent No.3 for allotment of plots is of no legal effect. The order of rejection passed on the representation of the petitioner is quite clear. The petitioner was in unauthorised occupation of the cabin and in order to help the petitioner and other unauthorised occupants the resolution was passed and the cabins were allotted in consultation with respondent No.3. The petitioner had no vested right to claim the same cabin which was in his unauthorised occupation. The concession was granted by the respondents to the petitioner and other to accommodate all those persons and that concession in no way entitles the petitioner to a declaration sought in the petition. The respondent No.3 was consulted by the respondents Nos.1 and 2 at the behest of the parties in occupation anal the petitioner had accepted the same. The order was finally passed by the official respondents taking into consideration the entire facts. The respondent No.3 was consulted for the convenience of all the persons who were occupying the cabins without any lawful authority. There was no breach of any law which calls for interference by this Court in this constitution petition.

The petition has no force and it is hereby dismissed summarily.

H . B . T . Petition dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.