Law:

Section:

(a) Interpretation of statutes-------Words in a statute were to be given their ordinary, grammatical and literal meaning based upon common sense and a statute/document had to be read as a whole. (b) Karachi Building Town Planning Regulations, 1979--- ----Regln. 29---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Sub-rule (1) of Regln. 29 of Karachi Building Town Planning Regulations, 1979, was the general rule and sub-rule (3) of said Regln. was an exception thereto for corner plots---Plot in question being a corner plot, application of sub-rule (1) of Regln. 29 of Karachi Building Town Planning Regulations, 1979 was fully attracted and building plan had been correctly passed by prescribing the minimum compulsory open space at the rear in terms of sub-rule (3) of Regln. 29 of said Regulations. (c) Karachi Building Town Planning Regulations, 1979--- ----Regln. 32---Constitution of Pakistan (1973), Art. 199---Constitutional petition ---Regln. 32 of Karachi Building Town Planning Regulations, 1979 had provided for access or a right of way from the street of specified width which was open to sky for an approach to a building at the rear and not abutting on a street---Same was only applicable where the building did not abut on a street---Said Regln. would hardly be relevant where there was no rear building---Said Regln. was not applicable in the present case as plot in question was a corner plot abutting two streets. Abdul Razzak v. KBCA PLD 1994 SC 512; Continental (Pvt.) Ltd. 1996 CLC 417 and Ali Asghar and another v. The Creator Builders 2001 SCMR 279 ref. (d) Karachi Building Town Planning Regulations, 1979--- ----Reglns. 29 & 32---Cohstitution of Pakistan (1973), Art.199--­Constitutional petition---Obtaining No-Objection Certificates from Agencies/Authorities-- Necessity---Obtaining No-Objection Certificate by agencies/Authorities supplying utility services was not mandated by Sind Buildings Control Ordinance, 1979 or Karachi Building Town Plaintiff Regulations. Shehla Zia v. WAPDA PLD 1994 SC 693; Excell Builders Ardeshir Cowasjee 1999 SCMR 2089; Continental (Pvt.) Ltd. Government of Sindh 1996 CLC 417 and Abdul Razzak v. KBCA PK…

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