| Citation(s) |
|---|
| 1990 SLD 555 = 1990 MLD 1002 |
Sindh High Court
Constitutional Petitions Nos. D-49, D-569 and 577 of 1982, decided on 21st December, 1989.
Presented By: Before Saleem Akhtar and Imam Ali G. Kazi, JJ
Khurshid Anwar Sheikh for Petitioner. S.M. Muslim Naqvi for
Respondents.
Constitutional Petitions Nos. D-49, D-569 and 577 of 1982, decided on 21st December, 1989.
Presented By: Before Saleem Akhtar and Imam Ali G. Kazi, JJ
Khurshid Anwar Sheikh for Petitioner. S.M. Muslim Naqvi for
Respondents.
GUL AHMED TEXTILE MILLS LTD.--Petitioner
VERSUS
KARACHI METROPOLITAN CORPN. and 2 others--Respondents
Law:
Section:
(a) Sindh People's Local Government Ordinance (11 of 1972)-- ---Ss. 91 & 92---Karachi Municipal Corporation (Dangerous and Offensive Articles and Trades) Bye-Laws, 1975---Government of Sindh, Notification No. MC-1/15 (16)/174, dated 29th June 1976---West Pakistan (Municipal Committees Imposition of Tax) Rules 1960, R.2---West Pakistan Municipal Committees (Dangerous and Offensive Articles and Trades) Rules, 1960, R.2-- Vires of Karachi Municipal Corporation (Dangerous and Offensive Articles and Trades) Bye-Laws, 1975---Exception was taken to the promulgation of Bye-Laws of 1975 on the ground that the same had been framed and promulgated in utter disregard of the provisions contained in Ss. 91 and 92, Sindh Peoples Local Government Ordinance, 1972, that the bye-laws suffered from material defect as the condition of previous publication and inviting of objections from the public as a statutory requirement was not complied with; and that the Bye-Laws were also inconsistent with the West Pakistan Municipal Committees (Dangerous and Offensive Articles And Trades) Rules, 1960, which according to petitioner still held the field---Held, By amendment in S.14, and Schedule II of Sindh Peoples Local Government Ordinance, 1972 by Sindh People's Local Government (Amendment) Ordinance, , 1976, both the Corporations and Municipal Committees were empowered to perform the functions mentioned in Part II of Schedule II of the Ordinance---Power to deal with dangerous articles and trades was once again available to Karachi Metropolitan Corporation after the amendment of S. 14 and Schedule 11 although it did not frame Bye-Laws-- Government of Sindh having framed' Bye-Laws on the subject, required the Corporation to adopt the same---Karachi Metropolitan Corporation adopted the Bye-Laws and published the same in Baldia's own newspaper---Bye-laws were, thus, adopted in terms of S. 91(3), Sindh Peoples Local Government Ordinance, 1972---Bye-Laws were required to be published in such a manner as in the opinion of the Authority making them was best adopted for informing the residents of Local area under S.92(4) of the…