Law:

Section:

Sindh Building Control Ordinance (V of 1979)-------S. 6---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Unauthorised construction of building---No approved or completion plan had been brought on record by respondent---Six storeyed structure allegedly impairing petitioner's right of enjoying his property had been constructed--­Allegations of petitioner having remained uncontroverted, unauthorised building seemed to be standing on site posing serious hazards to life and property---High Court directed concerned Authority to proceed with the matter upon issuance of notices to all parties---Structure being unauthorised would be dealt with in accordance with law---If structure was unauthorised, necessary action at the level of Authority would be taken through speaking order---Under all circumstances, Authority must ensure that no element of danger was countenanced---Rights of petitioner and other neighbours of property in question must be fully secured--­Occupancies created by respondent should pose no difficulty for rights created in illegal building upon due process, must stand or fall with the building itself. JUDGMENT WAJIHUDDIN AHMED, J.---This order would be read in continuation of the earlier orders in the petition and, more particularly, the orders, dated 15-4-1996 and 10-9-1996. In spite of the fact that Mrs. Zahida Naqvi for respondent-KBCA on 15-4-1996, stated that she would be filing comments, none seem to have been filed. The petition in the absence of the learned counsel for the respondents was taken up and disposed of on 10-9-1996, for reasons which follow: The petitioner is the owner of building situated on Plot No.OT-5/3, Mithadar, Karachi and Respondent No.2 dismantled the adjoining property, OT-5/4, Mithadar, Karachi, allegedly, causing damage to the petitioner's building. This being accomplished, the respondent No.2, according to averments in the petition, to which no counter-affidavit has been filed, started raising construction on the plot last mentioned. He undertook the construction work on such plot, allegedly, without obtaining approval/permission and without an approved plan. The K.B.C.A., in spite of notices, seems…

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