Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 91---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to consider; whether in a case of public nuisance, for which permission under S.91 C.P.C. had been obtained, absolute nuisance had to be established and the suit had to be in representative capacity; whether the decision in case titled Ardeshir Cowasjee, Karachi and 4 others v. Messrs Multiline Associates, Karachi and 2 others, reported as PLD 1993 Kar. 237 was not in conflict with the under appeal, and whether departure from the Zoning Regulation was justified in the present case. Ardeshir Cowasjee, Karachi and 4 others v. Messrs Multiline Associates, Karachi and 2 others PLD 1993 Kar. 237 ref. (b) Penal Code (XLV of 1860)--- ----S. 268---Nuisance---"Public" and "private"---Distinction---Word 'or' used in S.268, P.P.C.---Effect---In public nuisance, the act done by a defendant is supposed to be primarily illegal whereas in a private nuisance, even a legal act can cause injury, danger or annoyance to another person---Opening sentence of S.268, P.P.C. presupposes that a person can be held guilty of a public nuisance only when any act or omission done by such person is illegal---Doing of any act or being guilty of an illegal omission are joined in S.268, P.P.C. by conjunction 'or' which preconditions the act as well as omission with illegality. (c) Penal Code (XLV of 1860)--- ----S. 268---Public nuisance---Offence---Preconditions---In absence of any illegal act attributable to a person, the provisions of S.268, P.P.C. are not attracted. (d) Karachi Development Authority Order (V of 1957)--- ----Art. 52-A [as inserted by Sindh (Amendment of Laws) Ordinance (XVII of 1974)]---Amenity plots---Specification---Amenity plots as specified in Art.52-A of Karachi Development Authority Order 1958, are those which are reserved for roads, hospitals, schools, colleges, libraries, play grounds, gardens, parks, community centers, mosques, grave yards or such other purposes. (e) Specific Relief Act (I of 1877)--- ----S. 54---Civil Procedure Code (V of 1908), S.91---Public nuisance--¬Permanent injunction, grant of---Concurrent findings of…

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