Law:

Section:

(a) Sindh Buildings Control Ordinance (V of 1979)--- ----S. 19---Karachi Building and Town Planning Regulations, 1979, Regln.16---Criminal liability under S.19 of the Sindh Building Control Ordinance, 1979 and civil liability under the Karachi Building and Town Planning Regulations, 1979 to rectify irregularity/breach---Distinction--­Civil and criminal liabilities were altogether different and all action in respect of each would be a separate action to be taken under the procedure provided under the relevant law---If a penal action was taken, that would not preclude the Authority or Court from taking any action related to liability. (b) Sindh Buildings Control Ordinance (V of 1979)--- ----Ss. 7-A & 19---Karachi Building and Town Planning Regulations, 1979, Regln.16---Action for violation of building plan---Compounding of offence under S.19(1-A) of the Sindh Buildings Control Ordinance, 1979---Effect--­Order of the Court to demolish unauthorized construction of the project in excess of approval---Authority did not make practical efforts for its demolition, though assistance of police and civil administration was allowed to them---Contention was that Government was likely to regularize the building---Validity---Section 19(1-A) of the Ordinance did authorise the authority to compound an offence---Compounding of offence would simply relieve the delinquent of criminal liability and absolve him of the penalty provided under S.19 of the Ordinance, but that would not ipso facto debar the Authority from taking action for violation of building plan under S.7-A of the Ordinance---Action purportedly taken under S.7-A of the Ordinance possessed legal sanctity, if the same was taken within four corners of law and guidelines laid down by superior Courts---Said order of the Court was by all means to be implemented by all concerned---High Court directed the Official Assignee to take necessary steps by associating with him the officers concerned on administrative side and submit report within specified time. Abdul Razak v. KBCA PLD 1994 SC 512, Ardeshir Cowasjee v. KBCA 1999 SCMR 2883 and Muhammad Saleem v. Administrator, KMC 2000 SCMR 1748 ref. ORDER In order to appreciate…

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