Law:

Section: 44 & 50

(a) Quetta Municipal Earthquake Proof Building Code, 1937------Ss. 44 & 50---Quetta Municipal Earthquake Proof Building Code, 1937--­Applicability---Extent---No rules, bye-laws and regulations have been framed which could be substitute for Quetta Municipal Earthquake Proof Building Code, 1937, therefore, same was applicable---In addition, Building Code having not been expressly repealed, would be deemed to be applicable to areas to which it was originally framed and made applicable.1982 SCMR 522 and 1995 SCMR 362 ref.(b) Balochistan Building Control Ordinance (VI of 1979)-------S. 1(2)---Applicability of Balochistan Building Control Ordinance, 1979--­Provisions of S.1(2) of the Ordinance provide that Ordinance would come into force from such date, and in such areas, as Government may by notification specify---Government admittedly has not specified date and areas to be covered by said Ordinance, therefore, same was not applicable as yet.(c) Quetta Municipal Earthquake Proof Building Code, 1937-------S. 50---Balochistan Local Government Ordinance (II of 1980), S.74-A, Fifth Sched., Cls. 24 & 25---Quetta Municipal Earthquake Proof Building Code, 1937, having never been repealed through any Ordinance, legislation or rules, was thus, still applicable---Building Code of 1937 was even amended on 20th September, 1986---Power to amend Building Code was exercised under S.50(b) of the Code as also under Cls. 24 & 25 of Fifth Schedule (of compulsory functions) of Balochistan Local Government Ordinance, 1980---Quetta Municipal Earthquake Proof Building Code, 1937, was thus, still in existence and applicable.PLD 1992 Kar. 54 ref.(d) Quetta Municipal Earthquake Proof Building Code, 1937-------Ss. 44 & 50---Easements Act (V of 1882), Preamble---Constitution of Pakistan (1973), Art.199---Constitutional jurisdiction, exercise of---No controversial question of fact was involved as regards construction of buildings and provisions of Quetta Municipal Earthquake Proof Building Code, 1937--­Court declined to consider question of privacy in Constitutional petition which was domain of Civil Court under Easements Act, 1882---Question involved in Constitutional…