| Citation(s) |
|---|
| 2005 SLG 1228 2005 SLD 1228 2005 CLC 694 |
Sindh High Court
C.Ps. Nos.D-1048 and D-3007 of 1992, decision dated: 24-12-2004.
WAHID BUX BROHI AND RAHMAT HUSSAIN, JAFFERI, JJ
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C.Ps. Nos.D-1048 and D-3007 of 1992, decision dated: 24-12-2004.
WAHID BUX BROHI AND RAHMAT HUSSAIN, JAFFERI, JJ
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IRFAN and 7 others
VS
KARACHI BUILDINGS CONTROL AUTHORITY and 5 others
Law:
Section:
(a) Karachi Development Authority Order [5 of 1957]-------Art. 85---Sindh Buildings Control Ordinance (V of 1979), Ss.21 & 2---Karachi Building and Town Planning Regulations, 1979, Vol.II---Constitution of Pakistan (1973), Art.199---Constitutional petition---Locus standi to file---Contentions of the petitioners were that permission granted to the Building Developers by the Authorities for carrying out high rise multistoreyed building on an amenity plot was beyond their authority and power and was illegal, being in contravention of the relevant laws viz. Karachi Development Authority Order, 1957, Sindh Buildings Control Ordinance, 1979 and Karachi Building and Town Planning Regulations, 1979; that laid out plan, once approved by Karachi Buildings Authority could not be altered or modified without inviting objections as envisaged in the relevant statutes; that the construction was being carried on in excess of plot ratio and the compulsory open space was also being covered and that the petitioner's Constitutional rights of privacy and enjoyment of property had been contravened---Validity---Held, petitioners being residents of the locality, whose dwelling places were situated just near the questioned buildings, they had sufficient interest to ensure that the plot in question should be used in accordance with law, they had locus standi to prosecute their cause through Constitutional petitions (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Laches---Effect---Laches per se would not bar filing of a Constitutional petition, nor would the laches be weighed in the scales of Limitation Act, 1908---Question of delay or laches was to be considered with reference to the facts of each case and delay/laches could be overlooked in a Constitutional petition if the facts of the case and dictates of justice so warranted. Costa Livina's case 1999 SCMR 2883 and Aredshir Cowasjee v. Multiline Associates PLD 1993 Kar. 237 ref. (c) Karachi Development Authority Order [5 of 1957]--- ----Art. 85---Sindh Buildings Control Ordinance (V of 1979), Ss.21 & 2---Karachi Building and Town Planning Regulations, 1979, Vol.II---Constitution of Pakistan…
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