Law:

Section:

(a) Sindh Buildings Control Ordinance (V of 1979)--- ----S. 7-A---Approved building plan---Violation of---Violation of approved building plan, without prejudice to any action including sealing of building or ejectment of occupants, would entail further penalty by demolition of unauthorized structure at the cost of builder or owner but approval granted to building plan could not be cancelled. (b) Karachi Buildings and Town Planning Regulations, 1979--- ----Reglns. 24 & 26---Approved building plan---Deviation from---Where substantial deviation had been made by a builder or owner from the plan previously approved, concerned Authority would charge full fee for scrutiny of such plan in addition to other fee, and charges prescribed under the Regulations. (c) Sindh Buildings Control Ordinance (V of 1979)---- ----S. 7-A---Constitution of Pakistan (1973), Art. 199---Cancellation of approved building plan---Validity--Deviation made by a builder from building plan approved by Authority, though could entail action against him including demolition of unauthorized structure yet, approved building plan could not be cancelled---Order of cancellation of approved building plan of petitioner was set aside with option to the Authority to take action for violation of approved plan and if necessary to demolish unauthorized structure. JUDGMENT MAMOON KAZI, J.---The Petitioners are the owners of a plot of land bearing No.232/4 situated at GRE/Pedro D'Souza Road, Garden (East), Karachi vide letter dated 28-4-1986 the Deputy Controller of Buildings, Karachi Building Control Authority (respondent No.4) sanctioned the building plan submitted by the petitioners for construction of a new building on the said plot consisting of a ground floor and three additional floors and thereafter, vide letter dated 13-10-1986, the petitioners were permitted by Assistant Commissioner (South), Karachi, to start the construction. When the petitioners had started the construction after receipt of the requisite permission, they were ordered by respondent No.4, vide his letter dated 2-11-1986 to stop the construction work. It was alleged in the said letter that the structures were being erected using…

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