IN THE HIGH COURT OF SINDH

AT KARACHI
(Constitutional Jurisdiction)
Constitution Petition # - D - 174 /2003
M/s Dadabhoy Agencies (Pvt) Limited ..…………..………Petitioner.

VERSUS
Federation of Pakistan and two others ………………..… Respondents.

I N D E X
S.# DESCRIPTION ANNEXED PAGES
From to
1. Memo of petition 01 -11
2. Original authority letter A 13
3. Copy Letter dated 12-11-89 B 15-19
4. Legible Copy of Letter dated
12-11-1989 C 21-25
5. Copy letter dated 29-09-2000 D 27-33
6. Copy letter dated 29-08-1979 E 35
7. Legible of Copy letter dated
29-08-1979 F 37
8. Copy of sub lease G 39-47
9. Copy letter dated 2-10-2001 H 49
10. Legible Copy of letter dated
2-10-2001 I 51-53
11. Copy letter dated 20-10-2001 J 55
12. Legible Copy of letter dated
20-10-2001 K 57-59
13. Copy letter darted 14-05-1999 L 61-63
14. Copy letter dated 25-11-2002 M 65-67
15. Copy letter dated 23-8-2001 N 69
16. Copy letter dated 12-01-2002 O 71
17. Exemption App.& Affidavit 73-75
18. Urgent App. & Affidavit 77-79
19. Vakalatnama 81
Karachi.
Dated: 01-02-2003 Advocate for the petitioner
 Page-1

IN THE HIGH COURT OF SINDH

AT KARACHI
(Constitutional Jurisdiction)

Constitution Petition # - D - /2003

M/S Dadabhoy Agencies (Pvt) Limited,

Through its Executive Director,
Mr. Zuhair Akhtar Usmani son of
Muhammad Akhtar Usmani, Muslim adult,
Having Office at Ibrahim Estate,
Baloch Colony, Shahra-e-Faisal Karachi..…………..………Petitioner.

VERSUS

1. Federation of Pakistan
Through Secretary Ministry of
Defence, Islamabad.

2. Director Military Lands & Cantonments,

Karachi Region, Sarwar Shaheed Road,
Karachi.

3. Cantonment Executive Officer,

Cantonment Board Malir Cantt,
Karachi…………..……………..……………………..…..… Respondents.

CONSTITUTION PETITION UNDER ARTICLE 199, OF THE

CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973

1. That Mr. Zuhair A. Usmani son of Muhammad

Akhtar Usmani has been authorized by the Board of Directors for
filing present petition. (Original authority letter is appended herewith
and marked as ‘A’ ).
 Page # 3
2. That respondent # 3 is immediate subordinate of
respondent # 2 and both the respondents are performing their duties
under the control of respondent # 1.

3. That the petitioner is owner of a peace of land

of survey # 79, 91 to 100 and 102 to 104 ad-measuring 143.03 acres
which is situated within the jurisdiction of Malir Cantonment Board.
The respondent # 3 from the municipal point of view approved layout
plan vide its resolution # 5 dated 11-11-1989. (Photo state copy of
letter dated 12-11-1989 and its legible copy are appended herewith
and marked as ‘B’ & ‘C’ ).

4. That the petitioner had applied for revised

approval of plan on 13-09-2000 for the part of land consisting of
survey # 100 and part of survey # 99, which was duly approved by the
defendant # 3 vide his letter # MLR/PRL/S.NO.100,99/Deh
Thoming/2000/1043 on 29-09-2000. (Photo state copy of the letter is
appended herewith and marked as ‘D’).

5. That the land of the petitioner is situated within the

limits of respondent # 3 as appearing from the letter dated 29-08-
1979 addressed by Additional Commissioner Karachi to Secretary
Government of Sindh, Land Utilization Department, Board of Revenue
Sindh Hyderabad. (Photo state copy of letter and its legible copy are
appended herewith and marked as ‘E’ & ‘F ’).

6. That the land of the petitioner is situated within the

limits of respondent # 3 as is appearing from the notification dated
10-01-1969 published in Extra Ordinary Gazette of Pakistan dated
17-01-1969. (Photo state copy of letter has already been appended
above marked as ‘E’).

7. That the petitioner after seeking all sought of

permission from the concerned authorities introduced
housing/commercial scheme under the name and style of Pir Gul
Hassan Town, Phase II, Consisting of Survey # 79, 91 to 100 and 102
 Page # 5
to 104 admeasuring 143.03 acres and allotted/leased out the plots to
its members. (Photo state copy of one sub-lease is appended herewith
and marked as ‘G’).

8. That in the year 1992 , development was under

taken by KDA along with widening of Supper Highway, because of
which petitioner was deprived of 46 acres of land which was taken
over by the Government of Sindh for this purpose. In consequence ,
the petitioner applied for part revision of its layout plan and
petitioner came to know about the approval of same through letter #
MLR-SY.# 100 & 99/D-14/2001/48 dated 02-10-2001 and letter #
MLR/LP/SY NO.94 to 99/DT./2001/176, dated 20-10-2001. (Photo
state copies of letter dated 02-10-2001, its legible copy and letter
dated 20-10-2001 and its legible copy are appended herewith marked
as ‘H’, ‘I’, ‘J’ & ‘K’).

9. That the petitioner has come to know from reliable

sources that the respondent # 3 had approved the second revised plan
in the month of February 2001 but letter has not been issued till filing
of this petition.

10. That the petitioner had also applied for the

approval of building plan for one of its commercial plots which was
duly approved by the Respondent # 3 , vide letter No.
MLR/LP/PGHT/PHASE.1/99/1119 dated 14 May 1999. (Photo state
copy of the letter is appended herewith and marked as ‘L’). Since this
approval was for one year only, the petitioner applied for its renewal
also to respondent # 3, which has not yet been renewed.

11. That the petitioner has made all efforts to redress

his grievances by letters to the respondent # 3 but no purpose. (Photo
state copy of letters are appended herewith and marked as ‘M’&
‘N’).

12. That about more than 18 months now have passed

since the request for approval was forwarded to the respondent # 3
 but no reply has been received by the petitioner. The petitioner was
informed by KDA through one of their letters have objected that our
survey number falls with in their jurisdiction , which was duly replied
Page
by respondent # 3 vide its letter number referred above and# KBCA
7
vide its letter # KBCA/DCB(Design-11)/2002/1032 dated 12-01-2002
has accepted that the land in question of the petitioner falls within the
jurisdiction of respondent # 3. (Photo state copy of letter is appended
herewith and marked as ‘O’).

13. That the act of respondent # 3 for not issuing letter

of revised plan and renewal building permission/plan is based on
malafidy and ulterior motive as from the conduct and behavior of the
respondent # 3 it appears that he wants to do something beyond the
law but petitioner desires to complete all things within four corner of
law and the same are not appearing to be possible and in such
circumstances direction of this Honorable court is just and necessary.

14. That the petitioner have availed alternate remedies

available to them by sending applications/replies of notices to the
department hierarchy in the first instance including respondent # 1
who have commanding controls over the respondent # 3, but the
respondent #.1 did not bother to look into the matter and no relief was
granted to the petitioner as time specified by respondent # 2.

15. That State employees are, guardians of citizens, as

respondent # 1 and 2 are functioning in connection with the affairs of
the Federation subject to control of judiciary and movement High
Court comes to conclusion that Government functionaries are not
performing duties within the parameters assigned to them, High Court
would come to the rescue of the aggrieved citizens.

16. That under Article 4 of the Constitution, it is

inalienable right of every citizen to be dealt with in accordance with
law, fundamental rights of a citizen when ever violated and brought to
the notice of High Court should be investigated and an appropriate
 order is to be passed in exercise of its jurisdiction under Article, 199
of the Constitution.

17. That no other adequate remedy is available to

petitioners for seeking directions against respondent # 3 except by
filing this constitution petition in this Honorable Court.
Page # 9

18. That there is no impugned order in this

constitution petition. The Petitioner has not filed any other petition
against the respondents for seeking direction as prayed in this
petition.

PRAYER

The petitioner therefore prays that writ in favor of the petitioner and
against the respondents may be issued as under .

a) To declare that act of respondent # 3 of not issuing letter

regarding revised plan, approved by Board in the month of February
2001 and not granting renewal of building plan/permission are based
on malafidy , illegal and without lawful authority.

b) To direct the respondent # 3 to issue letters regarding revised

plan, approved by Board in the month of February 2001 and further
grant renewal of building plan/permission forth with.

c) Or any other equitable relief (s) as this Honorable Court may

deem fit and proper under the circumstances of this petition.

Karachi Petitioner

Dated: 27-01-2003
 VERIFICATION

I, Muhammad Zuhair Akhtar Usmain son of (late) Muhammad Akhtar

Usmani, Muslim adult, having office at Ibrahim Estate, Baloch
Pagedo# hereby
Colony, Shahra-e-Faisal Karachi petitioner above named 11
verify on oath that whatever has been stated above are true and
correct to the best of my knowledge, information and belief.

Deponent

The deponent is identified by me.

Advocate

Oath administered before me by the deponent above named at

Karachi on this 27th day of January, 2003, the deponent is identified
to me By Mr. Advocate, who is personally known to me.

Commissioner for taking affidavit

Documents field with annexed A to M

Documents relied upon
Address for service
of the petitioner.
Address for service of
Petitioner` s counsel.
as above and all other
necessary documents .
As given in the memo of
the plaint.
740, Trade Square
Regal Center, Saddar Karachi.
 Page-

IN THE HIGH COURT OF SINDH

AT KARACHI
(Constitutional Jurisdiction)

Constitution Petition # - D - /2003

M/s. Dadabhoy Agencies (Pvt) Limited ..…………..………Petitioner.

VERSUS

Federation of Pakistan and two others ………………..… Respondents.

APPLICATION UNDER SECTION 151

CODE OF CIVIL PROCEDURE, 1908

C. M. A. # /2003

On consideration of facts and grounds, incorporated in the

accompanying affidavit, it is most respectfully prayed on behalf of the

petitioner above named that this Honorable Court may kindly be

pleased to exempt the petitioner from filing certificate copies/originals

of documents annexed-B, D, E, G, H, J, L, M & N.

Prayer is made most earnestly in the interest of justice and equity.

Karachi Advocate for the petitioner.

Dated: 29/01/2003.
 Page-

IN THE HIGH COURT OF SINDH

AT KARACHI
(Constitutional Jurisdiction)

Constitution Petition # - D - /2003

Mrs. Dadabhoy Agencies (Pvt) Limited ..…………..………Petitioner.

VERSUS
Federation of Pakistan and two others ………………..… Respondents.

A F F I DA V I T
I, Mr. Zuhair Akhtar Usmani son of Muhammad Akhtar Usmani
Muslim adult, Having Office at Ibrahim Estate, Baloch Colony,
Shahra-e-Faisal Karachi do hereby state on oath as under:-

1. That I am attorney of the petitioner in the above matter, as such am

fully conversant with the facts thereof.

2. That the accompanying application under Section 151 Code of Civil

Procedure has been drafted and filed by my counsel under my
specific instructions, contents therein are true and correct.

3. That I shall be seriously prejudiced and shall suffer an irreparable loss,

until accompanying application is allowed.

4. That whatever stated above is true and correct to the best of my

knowledge, information and belief.
Karachi Deponent.
Dated: 29-01-2003.
Identified by me .

Advocate.
Stated on Oath before me by the deponent at Karachi, on this 29 th
day of January, 2003 , the deponent was identified to me by Mr.
, Advocate, who is personally known to me .

Commissioner for taking affidavit.

 Page-

IN THE HIGH COURT OF SINDH

AT KARACHI
(Constitutional Jurisdiction)

Constitution Petition # - D - /2003

M/s Dadabhoy Agencies (Pvt) Limited ..…………..………Petitioner.

VERSUS

Federation of Pakistan and two others ………………..… Respondents.

C. M. A. # /2003

APPLICATION UNDER RULE IX CHAPTER III- A

VOLUME V, SINDH CHIEF COURT RULES.

It is submitted that this Honorable Court may kindly be pleased to

treat this matter as urgent motion and fix the same in Court on
.02-2003 for Katcha peshi, as because of the act of respondent # 3, the
petitioner is suffering lot.

The prayer is made most earnestly in the greater interest of Justice

and equity.

Karachi.
Dated: 30-01-2003. Advocate for the petitioner
 Page-

IN THE HIGH COURT OF SINDH

AT KARACHI
(Constitutional Jurisdiction)

Constitution Petition # - D - /2003

M/s Dadabhoy Agencies (Pvt) Limited ..…………..………Petitioner.

VERSUS
Federation of Pakistan and two others ………………..… Respondents.

AFFIDAVIT
I, Ghulam Jillani Shaikh son of Muslim adult,
Having Office at 740, Trade Squire Saddar Karachi do hereby state
on oath as under:-

1. That I am counsel of the petitioner in the above matter, as such am fully

conversant with the facts thereof.
2. That the accompanying urgent application has been drafted and filed by
my counsel under my specific instructions, contents therein are true
and correct.
3. That petitioner shall be seriously prejudiced and shall suffer an
irreparable loss, until accompanying application is allowed.
4. That whatever stated above is true and correct to the best of my
knowledge, information and belief.

Karachi Deponent.
Dated: 01-02-2003.