Law:

Section:

Sindh Buildings Control Ordinance (V of 1979)-------Ss. 6 & 7---Civil Procedure Code (V of 1908), O.XXXIX, Rr.l & 2--­Deviation from approved building site plan---Building was sealed by the Authorities as the same was constructed in deviation from the approved site plan---Validity---Controversy existed about modification in the premises--­Authorities were directed to deal the premises immediately and plaintiff was directed to get the disputed modification regularized within six months and in case of failure of the plaintiff the/premises would be resealed. ORDER It is the case of plaintiff that on 12-4-1999 when he went to open his shop at 10-30 a.m. he saw that his shop was sealed. His shop has been sealed since 12-4-1999 and it was without notice otherwise the plaintiff would have challenged the notice. Section 6(1) of Sindh Buildings Control Ordinance, 1979 is as under:-- "6(1) No building shall be constructed before the Authority has, in the prescribed manner, approved the plan of such building and granted no objection certificate for the construction thereof on payment of such fee as may be prescribed: Provided that in the case of a building the construction whereof has commenced before coming into force of this Ordinance, the Authority's approval of the plan and no objection certificate shall be obtained not latter than six months after the enforcement of the Ordinance Section 7-A of the Sindh Building Control of Ordinance, 1979 is as under:--- "7-A: Where the provisions of subsection (1) of section 6 are violated the building may without prejudice to any other action including sealing of the building or ejectment of the occupants be ordered by the Authority or any officer of the Authority authorized in this behalf to be demolished, at the cost of the builder in the case of public buildings and the owner in other cases. " It is the case of plaintiff that he had purchased the entire plot which included his shop in the year 1987 and according to him after 1987 he has not made any modification or change in the structure which was already existed there. It is the case of plaintiff that in 1993 the Deputy Nazir of this Court had inspected the same…

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