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P L D 1997 KARACHI 355

GHULAM AKBAR

V/S

DEPUTY COMMISSSIONER, DADU AND ANOTHER

Per M. L. Shahani, J.

Constitutional of Pakistan (1973) Arts. 7 & 199-

For the petition in the public interest litigation in order to succeed it must be shown that the action is not based on any law and it is illegal exercise of authority, and that the action is not based on any law and it is illegal exercise of authority, and that such an action is detrimental to the society at large. We find that the above ingredients are available [p. 357] A.

Constitutional of Pakistan (1973) Arts. 7 & 199-

The object of writ jurisdiction is to do complete justice between the parties. WE are not unmindful of the fact that third party interests may suffer by our such declaration. It is, therefore, directed that if third party interests are created they must be amicably solve din lawful manner (such as compromise or compensation for unused period of contract). Respondent District Council, Dadu who were aware of this litigation created such third party rights during the pendency of this case which is deliberately done and equity would require that they must suffer for such illegality.

Since the action of respondents converting Community Centre into commercial venture is not backed by any law, it is declared to be illegal and without any lawful authority, and writ is issued to convert the Community Centre for the purpose as it was so constructed and to be put it to use for community at large and such schemes as may be beneficial to the public be introduced by Authorities/Administration for the use of the Community Centre. [p. 357 & 358] B

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