| Citation(s) |
|---|
| 2015 SLG 1091 2015 SLD 1091 2015 SCMR 116 |
Supreme Court of Pakistan
Civil Petition No.82-K of 2006, decision dated: 14-02-2012. (On appeal from the judgment dated 16-12-2005 of the High Court of Sindh, Karachi passed in C.P. No.953 of 2004)
EJAZ AFZAL KHAN, JUSTICE MUHAMMAD ATHER SAEED, JUSTICE
Naeem-ur-Rehman, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Petitioner. Khalid Anwar, Senior Advocate Supreme Court for
Respondents Nos. 5 and 6. Manzoor Ahmed, Advocate Supreme Court for
Respondent No. 2. Zulfiqar Ahmed Bhutta, Ad
Civil Petition No.82-K of 2006, decision dated: 14-02-2012. (On appeal from the judgment dated 16-12-2005 of the High Court of Sindh, Karachi passed in C.P. No.953 of 2004)
EJAZ AFZAL KHAN, JUSTICE MUHAMMAD ATHER SAEED, JUSTICE
Naeem-ur-Rehman, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Petitioner. Khalid Anwar, Senior Advocate Supreme Court for
Respondents Nos. 5 and 6. Manzoor Ahmed, Advocate Supreme Court for
Respondent No. 2. Zulfiqar Ahmed Bhutta, Ad
QUAIDEAZAMS MAZAR MANAGEMENT BOARD
VS
PROVINCE OF SINDH THROUGH SECRETARY HOUSING and TOWN PLANNING SINDH, KARACHI and others
Law:
Section:
(a) Quaid-i-Azam Mazar's Protection and Maintenance Ordinance (XXVII of 1971)---Preamble---Karachi Building and Town Planning Regulations, 2002, Regln. 25-1 & 10.2---Constitution of Pakistan, Arts. 185(3) & 270A---Quaid-e-Azam's Mazar Management Board ("petitioner-Board")---Height restriction on buildings within 3/4 miles of the radius of Quaid-e-Azam's Mazar ("Mazar")---Petitioner-Board filed constitutional petition before the High Court contending that it had passed a resolution on 29-1-1979, wherein it was decided that bye-laws may be made by the Metropolitan Corporation and Development Authority to regulate height of all structures within three-fourth of a mile from the Mazar; that the President of Pakistan at that time issued a letter dated 29-3-1980 , wherein it was mentioned that no building in the area of the Mazar would be constructed higher than the level of the mausoleum podium; that the Provincial Government issued a notification on 10-09-1991, whereby height restriction on buildings with the specified vicinity of the Mazar was imposed; that all buildings constructed 91 feet above the mean sea level within 3/4 mile radius of Mazar should be declared as illegal and derogatory to the sanctity and dignity of the Mazar---High Court dismissed the constitutional petition holding that President's directive and notification of Provincial Government had not attained the force of law and only after an amendment was incorporated in Regulation No. 25-1-10 of the Karachi Building and Town Planning Regulations 2002, the height of buildings within 3/4 miles radius of the Mazar was restricted to 91 feet---Validity---In the resolution passed by the petitioner-board on 29-1-1979, compliance with the suggestion regarding height restriction was entrusted to the Metropolitan Corporation, but the same was not unfortunately complied with till the year 2002---No maximum height (of 91 feet) had been mentioned in the resolution---Directive of President of Pakistan also did not mention any height restriction except that no building in the area would be constructed higher than the level of the Mausoleum's podium---Notification of the Provincial Government did not talk…
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