I have received HDA's Letter dated 26.12.

2023, whereby, I have been asked to render a

legal opinion as to whether the ban on conversion of land use from residential to
commercial imposed by defunct judicial water commission and Honorable High Court of
Sindh, Circuit Court, Hyderabad in C.P. No: D-1919 of 2019 is applicable on HDA within
its controlled area or otherwise.
Another Letter dated 12.01.2024 was forwarded, whereby, orders passed in C.P. No: D-
3034/2018 and decisions of Governing Body of HDA on conversion or change of land use
have been placed on record. It seems that opinion has been requested subsequent to
the legal notice issued to HDA on behalf of one Ghulam Hussain Memon owner of Plot
No. A-31, situated on 60 feet wide road in East Qasimabad, Hyderabad Development
Authority Scheme who has requested for change of status of his plot from residential to
commercial on the strength of decisions of HDA's Governing Body in its 115 th meeting
held on 20.02.2010 and
The undersigned is the owner of Plot No. A-31, measuring 453 square yards, East
Qasimabad Housing Scheme, Hyderabad, located on 60 feet wide road on the front side
and 30 feet wide road on the east side.

Water Commission Ban

The water commission vide Order dated 09.11.2018 ban on conversion of residential
plots into commercial imposed by water commission ended after the same was
disbanded by the Honorable Supreme Court of Pakistan vide Order dated 28.01.2020. In
paragraph 2 of the said order, the Honorable Supreme Court clarified that the periodical
orders passed by the Commission from time to time are not to be treated as orders
passed by the Honorable Supreme Court and at best such orders are in the nature of
memorandum/recommendation/diary/noting of the commission and shall be treated as
such. The order whereby ban was imposed was only temporary and in the final report,
there is no recommendation regarding ban on conversion.

Supreme Court Order dated 22.01.2019

The Honorable Supreme Court of Pakistan took notice of the conversion of amenity
plots into commercial in Karachi and vide Order dated 22.01.2019, the Honorable
Supreme Court ordered that there shall be a complete ban on allowing change in use of
land and it was further observed that this ban shall apply all across Karachi City including
cantonment areas. This order is only applicable on Karachi City, not other cities like,
Hyderabad, Mirpurkhas, Sukkur or Larkana.
The Honorable High Court of Sindh, Circuit Court, Hyderabad in C.P. No: D-3034/2018
pertaining to challenge against the change in use of land / conversion by Taluka
Municipal Administration Latifabad in respect of Latifabad Unit No. 1 to 12 passed an ex-
parte ad-interim order on 29.01.2019 on the contention raised by the counsel for the
petitioner that the official respondents are continuously converting residential plots into
commercial plots in violation of relevant rules and order of Honorable Supreme Court
dated 22.01.2019. Vide Order dated 22.01.2019, the Honorable High Court of Sindh,
Circuit Court, Hyderabad directed the respondents to follow Honorable Supreme Court’s
order dated 22.01.2019 (which pertained to Karachi only).
The directions given vide Order dated 29.01.2019 are only to the extent of subject
matter of C.P. No: D-3034/2018, which is change in use of land by TMA Latifabad. It does
not pertain to conversion of plots by HDA in accordance with rules and decision of
governing body. Even otherwise, the interim order dated 29.01.2019 was not extended
by the Honorable Court, therefore, it stands vacated.
In view of the above, the request of Mr. Ghulam Hussain Memon s/o Ahmed Ali, owner
of Plot No. A-31, East Qasimabad may be allowed on the rule of consistency as more
than 95% of the plots in its surrounding are already commercial.