AFTAB ALAM and others vs CITY DISTRICT GOVERNMENT, KARACHI and others
This petition for leave to appeal was filed against the judgment of the High Court of Sindh, which had dismissed the constitutional petition brought by the petitioners regarding the alleged narrowing of the road in front of their plot due to the construction of shops by the City District Government, Karachi. The core legal question concerned whether the proposed construction and policy alteration unlawfully prejudiced the petitioners' access and rights regarding the width of the road. The Supreme Court held that the petitioners' rights were sufficiently safeguarded by the undertaking given by the local authority before the High Court ensuring that the road width would be maintained at fifty feet, as well as by subsequent clarifications concerning the Master Plan rules. Consequently, the Supreme Court found no ground for interference and disposed of the petition, affirming that the petitioners' apprehensions were unfounded.
- Whether a petition for leave to appeal is maintainable when the grievance regarding the narrowing of a road is sufficiently safeguarded by official undertakings and court directions?
- Does the construction of shops between a plot and a road infringe upon property rights if the prescribed road width is maintained?
ORDER
' SAIYED SAEED ASHHAD, J.--- This petition for leave to appeal assails the judgment of the High Court of Sindh dated 12-2-2008 in Constitutional Petition No,D-1659 of 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 road 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 called for with the impugned order.
Accordingly, this petition is disposed of in the above terms.