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2011 YLR 539

MUHAMMAD RAMZAN And 3 Others vs CITY DISTRICT GOVERNMENT KARACHI

Citation2011 YLR 539
CourtSindh High Court
Case No.Constitutional Petition No. D-31 of 2008
Date2009-05-26
Judge(s)Mushir Alam, Safdar Ali Bhutto
ResultOrder accordingly

1. ORDER The petitioners have impugned action of the respondent C.D.G.K. And other Regulatory Authorities whereby the encroachment has been made on the road and lane of the subject area where the petitioner resides. Comments have been filed. Nazir's report has also been placed on record. It appears that the area of Mehmoodabad was a katchi abadi. Later on it was regularized on the basis of possession and it is apparently for this reason that no standard criteria or principles have been laid down while carrying out the regularization of the property in possession of the various occupants. The area of Mehmoodabad is quite old and lease have been executed by the authority pursuant to the orders of controlling authority as far back as on 8-7-1958. People have built R.C.C. Construction; any order to be passed would affect a large number of the occupants and residents of the area. Under the circumstances while dismissing this petition, we would direct the respondent No.1 to adhere to the minimum criteria while regularizing any Katchi abadi it should be ensured that all the properties or property are properly aligned with proper demarcation and alignment providing egress and ingress, maintain sufficient length and with for the lights, air, street and the footpath, open area, essential for conducive living environment as is required in any housing or towning scheme while regularizing any Katchi Abadi public functionaries like respondents Nos. 1 to 3 should ensure that all the Civil Agencies Utility Services provided are given easy access and approach to and from each street/road that are planned in such settlement. This aspect and guideline should be adhered in any katchiabadi at the time of its regularization in future.

2. Under this circumstance the petition stands disposed of in terms of the above along with the pending listed applications.

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