Law:

Section:

Sindh Buildings Control Ordinance (V of 1979)--- ---Ss. 6(3), 7-A & 19---Constitution of Pakistan (1973), Art.199---Constitutional petition---Summary eviction of tenant---Petitioner who was tenant in respect of house in question, was running a school therein---Notice was issued to petitioner by the Authority, whereby petitioner was required to vacate house in question at the risk of summary eviction, remove unauthorized structure at the risk of demolition under S.7-A of Sindh Buildings Control Ordinance, 1979---Counsel for the Authority had conceded that power to cause summary eviction or demolish the building did not vest in the Authority and had explained that impugned notice was served in Standard Form and that concerned officer omitted to score out the provisions which were not applicable and Authority, was only interested in prosecuting petitioner for alleged violation of provisions of S.6(3) of Sindh Buildings Control Ordinance, 1979 in exercise of powers available under S.19 of said Ordinance---Held, if in view of the said undertaking, prosecution was eventually undertaken, petitioner would always have an opportunity to take up all defences available in law including the powers available under S.19 of the Ordinance---Counsel for petitioner having not pressed the petition, same was disposed of accordingly. ORDER SABIHUDDIN AHMED, J.--- The petitioners who are tenants in respect of House No.F-13/1, Block F, North Nazimabad, Karachi, and are running a school therein, appear to be aggrieved by notice from the respondent, dated 31-12-2003 (hereinafter mentioned the impugned notice) alleging that they are unauthorisedly running the school on residential premises and requiring them, in standard form, inter alia, to vacate the premises at the risk of summary eviction remove unauthorized structure at…

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