Law:

Section:

Building Control and Town Planning Regulations, 2011 [Pakistan Defence Officers Housing Authority Karachi]--- ----Regln. 102---Commercialization of property---Principle---Petitioners sought directions to authorities to commercialize their properties---Validity---For declaring some property as commercial, it was necessary that surrounding arteries and available amenities were sufficient to cater requirement of commercial properties---Factual position was that properties of petitioners were meant for residential purpose only---Surrounding infrastructure and amenities were designed for residential units and the same were not suitable for commercial buildings unless entire infrastructure of vicinity was restructured and revamped---High Court declined to give any direction to authorities for issuing any "No Objection Certificate" or for changing use of their properties from residential to commercial, as properties of petitioners did not fall in a notified commercial area---Constitutional petition was dismissed in circumstances. Arshad Abdullah and others v. Government of Sindh, through Secretary, Housing and Town Planning Department and others 2006 YLR 3209 ref. THIS JUDGMENT DELIVERED BY: FAHIM AHMED SIDDIQUI, JUSTICE:---.--- By means of these four petitions, the petitioners have sought a direction to the respondents for commercialisation of their respective residential properties situated at Khyaban-e-Hafiz, DHA, Karachi. 2. The petitioners are the owners of their properties situated at the wayside of famous Khyaban-e-Hafiz of DHA, Karachi. It is a busy road having several interchanges and Carrefour on it due to which traffic conjunction was a common phenomenon on it. The authorities felt it necessary to build a flyover known as 'Gizri Flyover' for a smooth flow of traffic on the said road. As the said flyover facing their properties; therefore, they agitated on its construction on the ground inter alia environmental impairment, and they filed petitions before this Court against the respondents being CP Nos. D-756/2008 & 2168/2008. Both the petitions were disposed of with directions to DHA to fulfil the legal requirements as per Section 12 of the Pakistan…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492