Law: Sindh Building Control Ordinance, 1979

Section: 14

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Buildings Control Ordinance (V of 1979)--- ----S.14---Constitution  of  Pakistan  (1973)---Art. 199---Premises in occupation of petitioners was declared to be dangerous on the report of inspection committee---Such premises were inspected by inspection committee without notice to petitioners---Effect---In absence of express exclusion of the right of hearing, petitioners being in occupation of premises in question were entitled to have notice from inspection committee---Report of inspection committee on basis of which houses/premises in occupation of petitioners were declared to be dangerous having been prepared without notice to petitioners was declared to be without lawful authority and of no legal effect. 1984 C L C 2476 rel. Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction---Competency to invoke---Availability of alternative remedy, when no bar---Mere fact that right of appeal was provided under relevant law would not divest jurisdiction of High Court to entertain Constitutional petition, if facts of case so demanded---Petitioners being entitled to notice, it would not be proper to dismiss petition on the ground that they should file an appeal which would prolong the matter--Petition was accepted in circumstances. N.K. Jatoi for Petitioners. S.H. Kizilbash for Respondents Nos.1 and 2. Date of hearing: 12th September, 1989. ORDER AJMAL MIAN, CJ. --The petitioners through this petition have impugned the notice dated 3-8-1989, issued by respondent No.1 through the press appearing in daily Urdu Newspaper "Jang" of 3-8-1989 declaring inter alia six outhouses situated on Plot No.29, F.T/2, Mukhtar Manzil, Lilly Road, Frere Town,. Karachi as dangerous. The petitioners who are the tenants/occupants of the above quarters and were six in number, being aggrieved have Filed the present petition to impugne the above notice. It may be observed that prior to the issuance of the present public notice, a notice dated 3-4-1982 was issued declaring the structure in question as dangerous. However, the above notice was stayed in C.P. No.297/1982 which was filed by the petitioners and which was dismissed in default by a…