| Citation(s) |
|---|
| 2010 SLG 2567 = 2010 SLD 2567 = 2010 YLR 1703 |
Sindh High Court
Suit No.1271 of 2006, decided on 24th November, 2009.
Presented By: Mushir Alam and Aqeel Ahmed Abbasi, JJ
Suit No.1271 of 2006, decided on 24th November, 2009.
Presented By: Mushir Alam and Aqeel Ahmed Abbasi, JJ
MUHAMMAD AYUB SHAIKH---Petitioner
VERSUS
CANTONMENT EXECUTIVE OFFICER and others---Respondents
Law:
Section:
Specific Relief Act (I of 1877)--- ----Ss. 54 & 55---Suit for prohibition---Mobile phone tower as per Nazir's report, had been erected on a residential plot with generator---Nazir had reported that noise of generator apparently was not causing any disturbance, but in a residential area such activity was questionable---Counsel for the defendant had submitted that when the permission was granted, the area was not habitable, but later on it become habitable---Regulatory Authority needed no permission to discharge and perform its functions in accordance with law and action as could be warranted, could be initiated---Office was directed to fix all petitions questioning installation of cell phone towers on the same date and before the same Bench and needful should be done within three weeks. Sardar Muhammad Yousuf Advocate for Petitioner. Nazar Muhammad Jamali for Respondent No.1. M. Ahsan holds brief for Faisal Kamal for Respondent No.3. ORDER Nazir's reports dated 7-11-2009 and 22-12-2009 show that a mobile-phone tower…