Law: Easements Act (V of 1882)

Section: 12 , 91 , 6 , 7

Law: Civil Procedure Code (V of 1908)

Section:

Law: Sindh Building Control Ordinance, 1979

Section:

  Easements Act (V of 1882)-- ---S. 12---Constitution of Pakistan (1973), Arts.14 & 199---Constitutional petition --Competency to file ---Memo of Constitutional petition indicated that though petitioners had made a reference to the infringement of their rights of privacy which had been guaranteed by the Constitution, he had also referred in extenso the non-performance of statutory duty by official respondents---Such petition thus could not be deemed to be for the enforcement of easement rights simpliciter adjudication of which would involve disputed questions of fact but for the enforcement of statutory duty cast upon official respondents---Petitioners prima facie thus had locus standi to file the petition. Civil Procedure Code (V of 1908)-- ---S. 91---Constitution of Pakistan (1973), Arts.14 & 199---Public nuisance-- Institution of suit by two or more persons after obtaining consent in writing, of Advocate-General, would not be deemed to limit or otherwise affect any right of suit which might exist independently of that provision---Provisions of S.91, C.P.C. have no application to a Constitutional petition which had been filed for the enforcement of statutory duty cast upon a statutory corporation under the relevant statute. Civil Procedure Code (V of 1908)-- ---0. XXXIX, Rr.l & 2---Status quo, object of---Object of a status quo order is to maintain the subject-matter of the suit as it was at the time of passing of the status quo order and not to alter it or to create a new situation. Sind Building Control Ordinance (V of 1979)-- ---Ss. 6 & 7-A---Construction without approval of plan---Effect---When a building was constructed in violation of the provisions of S.6 viz. without the approval of the plan or in deviation of the plan, Authority had the power to seal the building or eject the occupants of such building and to demolish the same at the cost of the builder. Civil Procedure Code (V of 1908)-- ---0. XXXIX, Rr. 1 & 2--Sind Building Control Ordinance (V of 1979), S.6--Constitution of Pakistan (1973), Art.199---Interim injunction---Where a person had no legal basis to go on with the construction work of an un-authorised building…