Law:

Section:

Sindh Buildings Control Ordinance (V of 1979)--- ----S. 14---Object and scope of S. 14, Sindh Buildings Control Ordinance, 1979---Phrase "dangerous buildings"---Connotation---Mode for ascertaining dangerous building---Primary object of S.14 is safety of the public, to secure which, Authority must necessarily be given very wide powers---Such powers, however, could not be exercised arbitrarily and without due consideration to provisions of S.14, Sindh Building Control Ordinance, 1979 and the right of individuals---As a remedy for "dangerous buildings" and prescribing various precautionary measures to be taken to prevent injury resulting therefrom, first of all degree of danger must be ascertained, and then appropriate measures prescribed---For ascertaining whether particular structures are dangerous, Authority must appoint a competent person for holding enquiry as to what structures are dangerous---Repair of top floor building, however, would not fall within the meaning of "dangerous buildings"---Authority in such case must be satisfied that particular building is dangerous and would endanger human life---Without such satisfaction, Authority cannot exercise powers conferred by S.14, Sindh Buildings Control Ordinance, 1979. JUDGMENT SYED HAIDER ALI PIRZADA, J.---The petitioner through this petition has sought the following reliefs:-- "(i) to declare that the notice under reference No. BCA/DCB­VIII/87/189 dated 1-4-1987 and issued by respondent No.l and notice under Reference No. BCA/DCB-VIII/87/221 dated 12-4-1987 are void, inoperative, mala fide and ultra vires to the Sindh Building Control Ordinance of 1979 and that the respondent No.l has no right and/or authority either to issue notice for carrying out repairs and/or grant permission to respondents Nos.2, 3 and 4 the tenants, to carry out repairs. (ii) the costs of the petition may also be allowed." The facts leading to the filing of the above petition are that the petitioner is the owner of the property known as Baghpati Chambers situated on plot bearing Survey No. 8 Sheet No. S.R. 7, Saraj Quarters, Karachi having purchased the same under registered conveyance deed dated 25-1-1984. It is his care that at the…

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