Law: Constitution of Pakistan, 1973

Section: 199

Law: Constitution of Pakistan, 1962

Section: 178

(a) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Locus standi to file ---Essentials-- Petitioners, for maintaining Constitutional petition, must have some interest in subject-matter which might not be a right as such in stricto senso---Where some petitioners were residents of same area. and had interest in maintenance of area as residential, they would have locus standi to maintain Constitutional petition that some area in that locality was being commercialised illegally to the detriment of their existing rights---Petitioners, thus, had locus standi to file Constitutional petition where width of main road was likely to be narrowed down. Mst. Zubaida v. Pakistan State Oil House and others Civil Petition No. D-210 of 1991; Ameer Nawaz Khan Zai and others v. Karachi Building Control Authority and others C.P. No. 2651 of 1993; Muhammad Ismail and another Y. Karachi Building Control Authority and others C.P. No. 2548 of 1994); Agha Fakhruddin v. Muhammad Paryal and others PLD 1989 SC 16; Buxton and others v. Minister of Housing and Local Government (1961) 1 Q.B. Bench 278; Gregory and another v. London Borough of Camden (1966) 2 All ER 196; Jas Bhai Moti Bhai Desai v. Roshan Kumar and others AIR 1976 SC 578; Multiline Associates v. Ardeshir Cowasjee 1995 SCMR 362 and Mst. Sardar Begum Farooqi and 6 others v. Mst. Rashida Khatoon and 2 others 1990 CLC 83 ref. (b) Karachi Building and Town Planning Regulations, 1979--- ----Regln. 16---Constitution of Pakistan (1973) Art. 199---Construction of high -rise building in residential area affecting approved width of main road---Locus standi to challenge such construction---Owner of land was although entitled to use the same for lawful purpose, yet such right was not unbridled but circumscribed by several factors and could be exercised in accordance with provisions of law, rules and regulations, if any, applicable to that specific region and rights and- convenience of other property holders and residents of area-- Owner's right to use his land could not be stretched too far to justify raising of high-rise building on plot situated in purely residential area which under the a law, rules and…

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