| Citation(s) |
|---|
| 2006 SLG 1981 2006 SLD 1981 2006 CLC 272 |
Sindh High Court
Suit No.270 and C.M. No.1378 of 2005, decision dated: 6-12-2005.
MRS. QAISER IQBAL, J
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Suit No.270 and C.M. No.1378 of 2005, decision dated: 6-12-2005.
MRS. QAISER IQBAL, J
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QUEENS ROAD LANE--Plaintiff
VS
CITY DISTRICT GOVERNMENT and others----Defendants
Law:
Section:
Civil Procedure Code (V of 1908)-------O. XXXIX, Rr.1 & 2---Karachi Building and Town Planning Regulation, 2002, Reglns. 19.2 & 2.7---Pakistan Environmental Protection Act (XXXIV of 1997), S.12---Constitution of Pakistan (1973), Art.9---Application under O.XXXIX, Rr.1 & 2, C.P.C. praying that the defendants,, their servants, employees, assignees, successors, legal heirs, attorneys, representatives or any other person or persons for or on behalf of the defendants be restrained from demolishing the Park, subject-matter in question and constructing illegal shops in the Park and creating third party interest---Plaintiff was a registered Welfare Association of shopkeepers of a Market carrying on business in the said market over last four and half decades with all amenities provided by the Government and had been paying taxes regularly on the demand of the City District Government--Said Market was constructed in the year 1960 and the Park was constructed by the defunct City Municipal Corporation for maintaining good atmosphere and providing entertainment to the shopkeepers including the residents of the locality and general public---Shops of the plaintiffs were constructed around the Park in question and due to demolition of Park and construction of illegal shops proposed to be raised by City District Government, all the plaintiffs (shopkeepers) of the Market were to suffer as their shops would be in back lane and the business of plaintiffs shall be ruined who were carrying on business there for last many decades---Plaintiffs, in circumstances prayed that the defendants be restrained from raising illegal construction in the Park as the action of the defendants was discriminatory and in violation of the Constitution and was aimed at harassing the plaintiffs for their illegal enrichment on the behest of the mighty persons to humiliate and ruin the business of the plaintiffs---Validity---Layout plan pertaining to the area in question reflected that there existed a park on the layout plan of the defunct City Municipal Corporation which was being utilized for the purpose of constructing shops for affectees of the widening of the road on account of construction…
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