Pakistan Case Law← Search
2020 SCMR 1510

Naimatullah Khan Advocate and others vs Federation of Pakistan and

Citation2020 SCMR 1510
CourtSupreme Court of Pakistan
Case No.Constitution Petition No. 9/2010. C.M.A. No. 6206/2013 in Const. P. No. 9/2010,
Date2020-08-13
Judge(s)Ijaz-ul-Ahsan, Gulzar Ahmed, Faisal Arab
ResultOrder accordingly

ORDER

1. H.R.C. No.20883 of 2018, etc. K. Electric: A report has been filed by the learned Advocate-onRecord of K. Electric. Such report bearing No.88-K of 2020 is kept on record. The Chairman, NEPRA, has also prepared a report and he wishes to file the same. Let such report be filed by the Chairman, NEPRA.

2. The learned Attorney General for Pakistan is present in Court. He has been asked to obtain instructions from the Federal Government about future plan regarding supply of electricity to the people in Karachi and what steps it is taking to eradicate the system of load-shading in Karachi altogether and further complete eradication of discontinuation of supply of electricity. There are too many grievances of the electricity consumers that K- Electric is over charging them. Their meters are defective and show consumption of more electricity than the actual consumption and the whole system that is operating with K-Electric is not fair or justifiable. It has been noted that if one consumer does not pay the electricity bill, whole area is declared as a default area- and electricity of the whole area is disconnected. This cannot be allowed to continue to happen and it has to be stopped for which the Federal Government is required to take action in this regard. Adjourned to a date after two weeks. To be fixed at Islamabad.

3. C.M.A. No.1552-K of 2018 The learned counsel states that the shops have already been demolished and thus, this Civil Misc. Application has become infructuous. Dismissed as such.

4. C.M.As. Nos,1600-K, 25-K and 44-K of 2018 Mr. K.A. Wahab, learned AOR for the applicants request for withdrawal of these applications. Consequently, the same are dismissed as withdrawn.

5. C.M.A. No. 23-K/2019 None is present on behalf of the applicant. Dismissed for non-prosecution.

6. C.M.A. No. 59-K/2019 Notice to the Commissioner Karachi, who will proceed with this matter and put up a report before this Court on the next date of hearing. Adjourned to a date in the next session.

7. C.M.A. No 101-K/2019 The grievance of the applicant has already been resolved. The applicant is not in attendance. Consequently, the instant C.M.A. is dismissed for non-prosecution.

8. C.M.A. No.311-K/2019 This application relates to Custom Club, which was built on a plot of land bearing No. ST No.6/1-B, near Aziz Bhatti Park, Scheme 24, Gulshan-e-Iqbal, Karachi. Mr. Abdul Rehman, learned ASC for the applicant states that the club was shown in the site plan made by the KDA and the land was specifically meant for construction of the club.

9. The Custom Club has already been demolished pursuant to an order passed by this Court and now making of present application apparently is a futile exercise. In any case, we note that the plot itself is an amenity plot and such amenity can only be used for the public purposes and not for any private club. In any case, the Custom Club was being used for business purposes in that it was used as a Marriage Hall and was being rented out to private parties. As such, it could not be a valid use of an amenity plot. Consequently, the application is, therefore, dismissed.

10. C.M.A. No. 349-K/2019 Notice to the Commissioner Karachi. He shall submit his report on the next date to be fixed in the next session.

11. C.M.A. No. 394-K/2019 None is present on behalf of the applicant. Dismissed for non-prosecution.

12. C.M.As. Nos. 423-K and 425-K/2019 Notice to the Commissioner Karachi. He shall submit his report on the next date to be fixed in the next session.

13. C.M.As. Nos. 459-K and 460-K/2019 None is present on behalf of the applicants. Dismissed for non-prosecution.

14. C.M.As. Nos. 521-K and 527-K/2019 Notice to the Commissioner Karachi. He shall submit his report on the next date to be fixed in the next session.

15. C.M.A. No. 556-K/2019 Learned counsel for the applicant relies on the judgment of High Court of Sindh dated 23.07-.2015 passed in C.P. No. D-1608 of 2007, etc. In the said judgment, the High Court had directed the KMC to take over the possession of 30 acres of land. As the matter has already been decided by the High Court and petitioner's grievance is with regard to the same very land, the petitioner should approach the High Court for having its judgment executed. Consequently, this application is not maintainable and the same is therefore, dismissed.

16. C.M.A. No. 606-K/2019 This Court has already passed an order dated 09.05.2019 relating to P&T Colony. Karachi, wherein it has been observed that P&T Colony belongs to P&T Department, which was a Federal Government Department. In this colony, the Federal Government had constructed quarters for living of the employees of P&T Department and such quarters are now claimed to have been leased to the applicants. We have already dealt with such leases and found them to be totally illegal, ab initio and cancelled them and there is nothing on the basis of which any other view can be taken except that the Court has already taken in its order dated 09.05.2019. The application is dismissed having become infructuous.

17. C.M.A. No. 617-K/2019 It is informed that the applicant Venu G. Advani has passed away few days back. Mr. Abdul Sattar Pirzada, ASC present in Court, submits that he knows the son of Venu G. Advani and if he wants to pursue this application, he will appear before the Court. Adjourned.

18. C.M.A. No. 631-K/2019 Notice to the Commissioner Karachi. He shall submit his report on next date to be fixed in the next session.

19. C.M.A. No. 796-K/2019 Learned counsel for the applicant does not press the instant application as he states that the applicant will avail legal remedy against the tenants of the premises. Consequently, the C.M.A. is dismissed as withdrawn.

20. C.M.A. No. 830-K/2019 None is present on behalf of the applicant. Dismissed for non-prosecution.

21. C.M.A. No. 831-K/2019 Mr. Faisal Siddiqui, learned ASC for the applicant does not press this application, which is dismissed as such.

22. C.M.As. Nos. 875-K and 889-K/2019 Notice to the Commissioner Karachi. He shall submit his report on next date to be fixed in the next session.

23. C.M.A. No. 896-K/2019 None is present on behalf of the applicant. Dismissed for non-prosecution.

24. C.M. Appeal No. 116-K/2019 This matter has already been taken up by this Court in a separate C.M.A. The applicant may join such proceedings. The instant C.M. Appeal is dismissed.

25. C.M.As. Nos. 933-K and 964-K/2019 The applicant, present in person. Let notices be issued to the Commissioner Karachi, the Cantonment Board, Karachi and DHA for next date. Adjourned.

26. C.M.A. No. 23-K/2020 This matter has already been taken up by this Court in a separate C.M.A. The applicant may join such proceedings. The instant CMA is dismissed.

27. C.M.A. No. 74-K/2020 Notice to the Commissioner Karachi as well learned Advocate General, Sindh. Adjourned.

28. The main case along with connected matters are adjourned to a date during the next session.

Cited by 1 case

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search