| Citation(s) |
|---|
| 2016 SLG 3177 2016 SLD 3177 2016 MLD 1208 |
Sindh High Court
C.P. No. D-1434 of 2011, decided on 30th November, 2015.
IRFAN SAADAT KHAN AND ZAFAR AHMED RAJPUT, JUSTICE
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C.P. No. D-1434 of 2011, decided on 30th November, 2015.
IRFAN SAADAT KHAN AND ZAFAR AHMED RAJPUT, JUSTICE
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AMBER ALIBHAI and 6 OTHERS ERS
VS
MUHAMMAD GHULAM JAN MUHAMMAD and 10 OTHERS --Respondent
Law:
Section:
Sindh Local Government Ordinance (XXVII of 2001) --------- ----------S. 40 --------- Karachi Building and Town Planning Regulations, 2002 --------- Commercialization of residential area --------- Reclassification --------- Petitioner was aggrieved of issuance of NOC by authorities to respondent for converting his residential property into commercial --------- Plea raised by respondent was that entire road had been declared as commercial after fulfilling the requirements of law --------- Validity --------- Once a road was declared as commercial, status of individual plots on that road, automatically changed and no approval was required in such regard --------- Powers exercised by authorities in granting NOC were in accordance with law to commercialize any plot by allowing change of use of land and legal requirements with regard to calling public through notice to file their objections who could be effected --------- Such requirement of law had been fulfilled --------- High Court declined to interfere in the act of authorities granting NOC to respondent for plot in question --------- Constitutional petition was dismissed in circumstances. Jawad Mir Muhammadi and others v. Haroon Mirza and others PLD 2007 SC 472 rel. Chairman, Regional Transport Authority, Rawalpindi v. Pakistan Mutual Insurance Company Limited, Rawalpindi PLD 1991 SC 14; Government of Pakistan and another v. Dada Amir Haider Khan PLD 1987 SC 504; Federation of Pakistan and others v. Ch. Muhammad Aslam and others 1986 SCMR 916; Messrs Noorani Traders, Karachi through Managing Partner v. Pakistan Civil Aviation Authority through Airport Manager, Karachi PLD 2002 Kar. 83; Messrs Facto Belarus Tractors Limited Karachi and another v. Federation of Pakistan through Secretary, Ministry of Industries, Production and Special Initiatives Islamabad and others PLD 2006 Kar. 479; Owaisco v. Federation of Pakistan and others PLD 1999 Kar. 472; Ayesha Sabohi v. Inspector-General of Police, Punjab, Lahore and 3 others 2010 PLC (C.S.) 240; Imran Hussain v. Water and Power Development Authority through Chairman WAPDA and 4 others 2011 PLC (C.S.) 116; Nighat Jamal v. Province of Sindh and others 2010 YLR 2624; Mrs.…
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