Law: Sindh Building Control Ordinance (XVII of 1979)

Section: 1(3)

Law: Sindh Building Control Ordinance (XVII of 1979)

Section: 1(3)

Law: Constitution of Pakistan, 1973

Section: 264

Sindh Buildings Control Ordinance (V of 1979)-------Preamble---Constitution of Pakistan (1973), Arts.199 & 264---General Clauses Act (X of 1897), S.6---Constitutional petition---Repeal of enactment---Effect---Respondent had applied for regularization of the building in question during the life time of Sindh Buildings Control Ordinance, 1979 which later on was repealed---Effect---Any right/ privilege/obligation or liability acquired or incurred under a repealed enactment, would survive notwithstanding its repeal---Direction was issued to the Authority to decide respondent's regularization application in accordance with law within specified time. Jannat-ul-Haq v. Abbas Khan 2001 SCMR 1073 rel. Khaliq Ahmed for Respondent No. 1. Anwar Ali Shah for Respondent No.2. Ahmed Pirzada, Addl. A.-G. Saleem Sammo, Amicus Curiae. ORDER Mr. Muhammad Saleem Samo, learned Amicus Curiae, has pointed out that the petition has been kept pending only to decide the issue whether after the expiry of the Sindh Buildings Control Ordinance, 1979, K.B.C.A. could still regularize unauthorized construction etc., as in the present matter. In this regard Mr. Saleem Samo has submitted that the above mentioned Ordinance was promulgated on 19-3-2002 and expired on 18-3-2003 as per section 1(3) thereof. Admittedly, the respondent No.1 had applied for regularization of the building in question on 31-5-2002 during the life of the Ordinance. Consequently, per Article 264 of the Constitution which is synonymous with section 6 of the…

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