Law: Sindh Building Control Ordinance, 1979

Section: 6 , 7-A , 11 , 20-A

  Sindh Building Control Ordinance (VI of 1979)--- ----Ss. 6, 7-A & 11---Demolition of building---Building in dispute which was intended to be demolished for alleged violation of S. 6 of Ordinance, 1979, admittedly was constructed by owner thereof after obtaining approval of construction plan from Authority concerned much before promulgation of Ordinance 1979, which was operative only prospectively and not retrospectively---No action could be taken against building or its owner under any of provisions of said Ordinance as provisions of Ordinance were not applicable to it. Muhammad Ahmed Japanwala v. Karachi Building Control Authority 1989 ALD 481(2) and Karachi Development Authority v. Evacuee Trust Board PLD 1984 Kar. 34 ref. Sindh Building Control Ordinance (VI of 1979)--- ----S. 20-A---Provisions of S. 20-A of Ordinance, 1979 providing delivery of prior notice in writing to Authority before institution of suit against Authority, would be attracted only in respect of anything done or purported to be done by Building Control Authority or its employees within four corners of Ordinance, 1979 and not otherwise---Such provisions would also not be attracted where any act was done with mala fide intention or in colourable exercise of vested authority. Zainab Hajiani v. Al-Hilal Cooperative Housing Society, Karachi PLD 1978 Kar. 848 ref. Abdul Wajid Whyn for Applicant. Dasti Muhammad Ibrahim for Respondent. Date of hearing: 26th May, 1991. JUDGMENT The applicant who is' owner of property bearing Plot No57, Sheet R.B.II, situated at Dr. Gidwani Road, off Temple Road, Ratan Talao, Karachi,   received notice from the Respondent calling upon him to demolish the building constructed on the said plot within 24 hours failing which it was threatened that the Respondent would demolish the structure at the risk and cost of the Applicant. The applicant therefore, filed Suit No.3205/82 in the Court of XXXI Civil Judge, Karachi, wherein it was stated that the applicant had got the plans of construction approved from the Karachi Municipal Corporation on 17-11-1976 and completed the construction of the building in the end of 1977, and let out all the tenaments to…