Law:

Section:

Sindh Local Government Ordinance (XXVII of 2001)--- ---Ss. 52, 195 & Sched. Sixth, Item 64(2)---Sindh Buildings Control Ordinance (V of 1979), S.4---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Specific Relief Act (I of 1877), S.42---Interim injunction, grant of---Nature of plot, change of--Development Authority converted residential plot of defendant into commercial and allowed him to raise commercial building---Plea raised by plaintiff was that the Development Authority was not vested with any power to convert residential plot into commercial---Trial Court and Lower Appellate Court declined to grant interim injunction against raising of construction by defendant---Validity---Plot in question was residential plot situated in residential area---It was only Local Government, under Sched. Sixth, Item 64(2) of Sindh Local Government Ordinance, 2001, that was competent to vary or alter terms and conditions of lease of subject plot--Such change of nature of plot was to be made after giving reasonable notice to occupants/owners of other properties in neighbourhood, who were likely to be affected---Functions, administration and financial management of offices of Local Government, including higher Housing and Physical Planning Department, under S.52 of Sindh Local Government Ordinance, 2001, stood entrusted to Taluka Municipal Administration---Development Authority of the city concerned was appointed under S.4 of Sindh Building Control Ordinance, 1979, to regulate planning, quality of construction and buildings control, prices charged and publicity made for disposal of buildings and plots by builders and societies and demolition of dangerous and dilapidated buildings within its jurisdiction---None of the various provisions of Sindh Buildings Control Ordinance, 1979, empowered the Development Authority of the city to convert the status of any plot---Conversion of plot in question from residential to commercial and approval of building plan by the Development Authority were without jurisdiction, illegal and void ab initio---Building plan in question affected the rights and privileges of plaintiffs and would degrade the environment, cause congestion and…

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