AGAINST JUDGMENTS

2011 SCMR 1743

This case related to Kannal road project aim to widing the road on
both side of the Kannal and the issue of damaging the green belt was
raised.
Quite clearly in this case changing the nature of green belt is
concerned whereas in this case it is incidental vacant area even
otherwise

it

was

held

that

unless

it

is

shown

by

placing

incontrovertible material before the court that same would leave to

hazardous effects on environment ecologic to an extent that it would
affect human life
2010 PLD SC 759
This was a petition by a third party claiming that the formation of MC
Donalds i.e a restaurant in F9 park ( public park) is against CDA rules
and regulation and is also violation of human rights and constitution.
Again the facts of this case are quite different from the case in
hand firstly the dispute relates to a public park whereas in this case it
is incidental vacant area, secondly land given by CDA was for
commercial purposes whereas in this case CDA allotted residential
plots for compensation.

1999 SCMR 2883

Facts in this case were that a restaurant was allowed to be built in a
park for commercial purposes.
In this case it is incidental vacant area; Residential.
Another important point was raised that Karachi Development
Authority Order 1957, is not authorized to change the use of any
amenity plot without inviting objections and without obtaining the
order of the government.