Aftab Alam And Other vs City District Government Karachi And Other
This petition for leave to appeal challenged a judgment of the High Court of Sindh regarding the alleged narrowing of a road in front of the petitioner's plot due to the City District Government, Karachi's plan to construct shops between the plot and the road. The core legal question was whether the petitioner's rights were adequately protected by the High Court's order, which had directed that the road width would be maintained at 50 feet despite the proposed construction. The Supreme Court held that the petitioner's interests were sufficiently safeguarded by the High Court's specific directive ensuring the road would not be narrowed below 50 feet, as well as by the City District Government's commitment to follow Master Plan Group of Offices rules for any new development. Consequently, the Court found no grounds for interference with the impugned judgment. The key principle laid down is that where a judicial order provides explicit safeguards against the infringement of a party's rights, and the respondent authority commits to regulatory compliance, the apprehension of future harm is insufficient to warrant appellate interference.
- Does a judicial directive ensuring the maintenance of a specific road width sufficiently safeguard the rights of a petitioner concerned about road narrowing?
- Can a petition for leave to appeal be dismissed when the grievance regarding property access is addressed by the respondent's commitment to regulatory compliance?
ORDER
SAIYED SAEED ASHHAD, J.--- This petition for leave to appeal assails the judgment of the High Court of Sind dated 1.2.2.2008 in Constitutional Petition No. D- 1659/2006.
2. The grievance of the petitioner which led to the above Constitutional petition was presumed narrowing of the road in front of his plot on account of alteration in the policy by the City District Government, Karachi, in ordering construction of shops between the plot of the petitioner and' the road. During the course of proceedings of the Constitutional petition in the High Court, it had been stated on behalf of the City District Government, Karachi that the road in front of the plot of the petitioner would not: be narrowed from 50 feet irrespective of the fact that the shops would be constructed between the plot of the petitioner and the road. On the basis of such statement, the petition was disposed of in the following terms:- "The excess land in-between the toad and the plots is needed for further rehabilitation of needy persons, therefore, keeping in view the equity as well as the requirement of the project and accommodation of other persons the relief claimed in these petitions cannot be granted. Hence, all the three petitions are dismissed with the directions that the 50 feet wide road which is being planned will not be narrowed and will remain 50 feet wide, if ever certain shops in- between the plots and road are constructed."
3. From the perusal of the above paragraph, it is abundantly clear that the interest/right of the petitioner has been sufficiently safeguarded and now the petitioner is unnecessarily having fear of narrowing of road in front of his plot, it will also be useful to refer to letter dated 26-12-2006 of the City District Government, Karachi, wherein it has been clarified that creation of new residential/commercial plots in different sectors of Scheme 35 Lines Area. Redevelopment Project, would be made with the approval of and in accordance with the rules of Master Plan Group-of Offices. This letter further safeguards the interest of the petitioner.
4. For the foregoing facts and reasons, no interference is call for with the impugned order.
Accordingly, this petition is disposed of in the above terms.