ABDUL RAUF through President Action Committee vs MEHRAN HEALTH AND WELFARE CENTRE and 2 others
The petitioner challenged a High Court order that dismissed a constitutional petition regarding the unauthorized construction of shops on an amenity plot. The High Court had dismissed the petition on the grounds that the amenity plot had been converted to a commercial plot during the pendency of the proceedings and that the petitioner had filed a separate civil suit challenging the validity of the lease deed, rendering the writ petition infructuous. The petitioner argued that the writ petition addressed the illegal conversion and construction on an amenity plot, which constituted a distinct cause of action separate from the validity of the lease deed challenged in the civil suit. The Supreme Court granted leave to appeal, finding merit in the petitioner's contention that the writ petition required adjudication on its own merits. The Court held that the legality of converting an amenity plot for commercial use and the subsequent unauthorized construction warranted judicial review. Pending the final disposal of the appeal, the Court directed the parties to maintain the status quo regarding the plot, prohibiting any alteration to its original character.
- Does the pendency of a civil suit challenging a lease deed render a constitutional petition regarding the illegal conversion of an amenity plot infructuous?
- Can an amenity plot be legally converted into a commercial plot for the construction of shops?
- Does the conversion of an amenity plot for commercial use constitute a distinct cause of action separate from a challenge to the underlying lease deed?
ORDER
MUHAMMAD NAWAZ ABBASI, J.---The petitioner has challenged the legality of the order, dated 25-2-2005, passed a Division Bench of High Court of Sindh at Karachi in a constitution petition by virtue of which he called in question the construction of shops on a plot leased out to respondent No,1 by respondent No,2 for amenity purposes. This petition was dismissed for the reasons firstly that pending disposal of writ petition the amenity plot was converted into commercial plot and in consequence thereto, a site-plan for construction of shops was also approved by respondent No,3 and secondly, a fresh lease deed executed by respondent No,2 in favor of respondent No,1 was challenged by the petitioner in a civil suit, therefore the writ petition before the High Court would become infructuous.
2. Learned counsel for the petitioner has contended that the writ petition was filed against illegal construction raised on an amenity plot whereas in the civil suit the validity of subsequent lease deed has been questioned on different grounds and in any case, the conversion of amenity plot for commercial activities, being without lawful authority, would give rise entirely to a different cause of action therefore, the writ petition requiring to be decided on its own merits, was wrongly dismissed.
Learned counsel submitted that if ultimately the petition in this petition succeeds, the suit may not proceed.
3. The contentions raised by the learned counsel for the petitioner being not without force, leave in this petition is granted inter alia to consider the question relating to the unauthorized construction of shops on an amenity plot and legality of the order of its conversion into a commercial plot.
4. Pending disposal of appeal, the respondents shall maintain status quo vis-a-vis the plot in question in all respects and shall not change its original character in any manner.