Law:

Section:

Sindh Regulation and Control (Use of Plots and Construction of Buildings) Ordinance (VIII of 2002)-------S. 5---Sindh Buildings Control Ordinance (V of 1979), S.6--­Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Notices for removal of unauthorized construction---Petitioner prayed for giving direction to respondent to receive its application for grant of permission to construct shed for car parking---Respondent made statement in writing that building in question had been constructed before enforcement of Sindh Building Control Ordinance, 1979; and if revised building plan for any fresh construction was filed by petitioner, same would be decided as per rules and regulations after demolition of present unauthorized construction as Sindh Regulation and Control (Use of Plots and Construction of Buildings) Ordinance, 2002 did not provide for any relief in respect of new/fresh construction raised in violation of or without approved plan---Petitioner did not controvert such statement of respondent---High Court dismissed Constitutional petition with observation that petitioner would be at liberty to avail the offer made by respondent, who would perform their statutory duties without creating unnecessary delay in the matter. Nisar A. Mujahid for Petitioners. Shahid Jamiluddin Khan for Respondent. Rashiduddin Ahmad Khan for Contemners. Date of hearing: 21st January, 2003. ORDER S. ALI ASLAM JAFRI J.---.The facts as disclosed in the petition are that petitioner Textile Plaza Owners Association (Ltd.) in September, 2002 ' moved an application before the respondents for authorization/grant of permission for raising artificial ACC sheds over RCC columns in open car parking space at car parking, floor of the building known as "Textile Plaza" M.A. Jinnah Road, Karachi. According to the petitioner necessary documents and site plans as per requirements for the purpose including suitability report by the authorized engineer, etc., were also appended with the application, but the respondents refused to receive the said application on the ground that no record pertaining Textile Plaza was traceable. The petitioner wrote a letter to K.D.A. for supply of copies…

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