Law:

Section:

(a) Practice and procedure Earlier of equal Bench in the High Court on the same point is binding upon the second Bench If, however, a contrary view has to be taken, then request for constitution of a larger Bench should be made. [Precedent]. Province of East Pakistan v. Dr. Azizul Islam PLD 1963 SC 296 and Sindheswar Ganguly v. State of West Bengal PLD 1958 SC (Ind.) 337 ref. (b) Constitution of Pakistan (1973) Art. 199 Constitutional petition Locus standi of petitioners Scope ¬Construction of high rise building without violating relevant rules and regulations Petitioners had not raised any objection for about fifteen months and allowed the building to be constructed up to ninth floor Suit for right of easements filed by the said petitioners was withdrawn by them and not filed again while the building in question was completed Several high rise buildings in the same area and in the neighbourhood of the plot where the building in dispute was being constructed existed and there was no objection a from any quarter Held, petitioners could not be allowed to pick and choose, a and hold grievance against one particular builder when in the same neighbourhood several high rise buildings of same height had been constructed without any objection from any quarter Conduct of the petitioners, in circumstances, was such that they were not entitled to discretionary relief under Constitutional jurisdiction for the reason that they did not raise any objection for about fifteen months and allowed the building to be constructed up to the ninth floor. Mian Fazal Din v. Lahore Improvement Trust, Lahore and another PLD 1969 SC 223 distinguished. (c) Constitution of Pakistan (1973) Art. 199 Constitutional petition Locus standi of petitioners Scope ¬Construction of high rise building Some of the petitioners were shown to be residing at distances far away from the building in dispute and one petitioner was shown to be residing in close proximity of the said building Held, since the area was same, requirement of locus standi as contemplated under Art. 199 of the Constitution was to be of extended scope as the case had the characteristics of public interest litigation and the petitioners…

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