| Citation(s) |
|---|
| 2022 SLG 291 2022 SLD 291 2022 CLC 209 |
Sindh High Court
Constitutional Petitions Nos.D-953, D-6541, D-6927, D-7271,D-7272, D-7329, D-7330, D-7331 of 2015, D-2966, 3127 and5067 of 2016, decision dated: 05-07-2021, dates of hearing:30th, 31st March, 1st, 5th, 6th, 7-04-4th, 20th and 26th Mayof 2021
IRFAN SAADAT KHAN, JUSTICE, ADNAN-UL-KARIM MEMON, JUSTICE
Sharjeel Akram Shaikh and Abbad-ul-Hussnain for Petitioners (in C.Ps. Nos.D-953 and 6927 of 2015).Abdur Rehman for Petitioners (in C.Ps. Nos.D-7271, 7272, 7329, 7330, 7331 of 2015 and 5067 of 2016).Ms. Sadia Khatoon for Petitioner (in C.P. No. D-6541
Constitutional Petitions Nos.D-953, D-6541, D-6927, D-7271,D-7272, D-7329, D-7330, D-7331 of 2015, D-2966, 3127 and5067 of 2016, decision dated: 05-07-2021, dates of hearing:30th, 31st March, 1st, 5th, 6th, 7-04-4th, 20th and 26th Mayof 2021
IRFAN SAADAT KHAN, JUSTICE, ADNAN-UL-KARIM MEMON, JUSTICE
Sharjeel Akram Shaikh and Abbad-ul-Hussnain for Petitioners (in C.Ps. Nos.D-953 and 6927 of 2015).Abdur Rehman for Petitioners (in C.Ps. Nos.D-7271, 7272, 7329, 7330, 7331 of 2015 and 5067 of 2016).Ms. Sadia Khatoon for Petitioner (in C.P. No. D-6541
A. RAZZAQ DAWOOD AND OTHERSVSM/S. URBAN PROPERTIES BUILDERS AND OTHERS
Law: Sindh (Regularization of Ad hoc and Contract, Employees) Act, 2013
Section: 21
Sindh Building Control Ordinance (V of 1979)----S.21---Karachi Building and Town Planning Regulations, 2002---Illegal conversion/amalgamation of residential property into commercial property contended that two plots adjacent to his plot were residential properties which had illegally been declared as commercial properties prayed for declaration of the said plots to be illegal and unlawful; said illegal conversion of the same to be declared as null and void/non-operative; and employees/agents to be restrained from the construction being contrary and violative to the laws/rules of Sindh Building control Authority; Civil Aviation Authority; Pakistan Air Force; Karachi Building and Town Planning Regulations, 2002; Sindh Local Government Ordinance, 2001; and Karachi Metropolitan Resolution, 2012---Relevant clauses of the lease agreement between the City District Government Karachi and the respondents had been violated which stated that the property in question would exclusively be used for residential purposes---Documents furnished by the Karachi Municipal Corporation authorities showed that the properties in question were residential in nature and the said authorities denied the claim of respondents regarding conversion of the same into commercial ones---Perusal of NOC and other documents showed that at no point of time the respondents were allowed to raise any commercial construction on the said initially declared residential properties---Whole road had been declared as commercial without taking the approval from the residents of the other residential properties excluding the properties of the private respondents---Rules/regulations of Karachi Building and Town Planning Regulations, 2002 clearly stipulated that residential property could only be converted into commercial/amalgamated after fulfilling the legal requirements which were lacking in the present matter---Present case was a matter factual controversy rather than legal one that whether any property situated on a main road could be declared as commercial upon fulfilling of certain formalities without looking to the various aspects which were to be undertaken and considered before declaring any residential…
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