| Citation(s) |
|---|
| 2013 SLG 628 2013 SLD 628 2013 CLC 63 |
Sindh High Court
Constitutional Petition No.D-682 and M.As. Nos.3118 and 3576 of 2012, decision dated: 17-08-2012
SHAHID ANWAR BAJWA AND AZIZ-UR-REHMAN, JJ
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Constitutional Petition No.D-682 and M.As. Nos.3118 and 3576 of 2012, decision dated: 17-08-2012
SHAHID ANWAR BAJWA AND AZIZ-UR-REHMAN, JJ
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ABDUL LATIF
VS
PROVINCE OF SINDH through Secretary Local Government Department and 5 others
Law: Sindh Building Control Ordinance (XVII of 1979)
Section: 4,6,7A
Law: Sindh Building Control Ordinance (XVII of 1979)
Section: 4,6,7A
Law: Constitution of Pakistan, 1973
Section: 199
(a) Sindh Buildings Control Ordinance (V of 1979)-------Ss. 4, 6 & 7-A---Constitution of Pakistan, Art.199---Constitutional petition---Building construction, re-construction, modification of or alteration in---Scope---Such construction, re-construction, modification or alteration as a rule must be on basis of approved plans to be in consonance with relevant scheme spreading over a specific area---Local Authority operating in such area would be obliged to ensure strict observance and implementation of law, rules and regulations ---Construction raised pursuant to plan approved by Town Municipal Officer, but not in accordance with original plan issued by Chairman of Municipality would be illegal and liable to be demolished by Building Control Authority---Principles. Brookes Pharmaceutical Laboratories (Pakistan) Ltd., Karachi through Authorized Director v. KBCA through Chief Controller and 5 others 2012 CLC 131 ref. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Violation of rules and regulations by statutory bodies---Constitutional jurisdiction of High Court, interference in such matter in---Scope---Any violation by such bodies required under law to give effect to rights and/or interests by enforcing their rules and regulations could be challenged in such jurisdiction by aggrieved person---Existence of rights stricto sensu would not be necessary for a person invoking such jurisdiction. Jagdish R. Mullani for Petitioner. Nusrat Mehmood Gill for Respondents Nos.4 and 5. Shamsuddin Sehto for Respondent No.6. Date of hearing: 1st August, 2012. ORDER AZIZ-UR-REHMAN, J.--- This petition was filed on 24-5-2012 by Abdul Latif son of Muhammad Ibrahim through his lawfully constituted attorney Muhammad Salman son of Abdul Latif resident of House No.245/1, Shah Faisal Street, Tando Adam, District Sanghar, with the following prayers:--- (a) Direct the respondents Nos.1 and 2 to take stern legal action against the respondent No.3 who acted beyond his powers and authority for which he was not competent under the law and thereby attempted to disturb the family lives of the petitioner's family so also other residence of the area. (B) Issue the…
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