Law: Karachi Building Control Authority Regulations

Section: 3-2-21-1(b)

Law: Constitution of Pakistan, 1973

Section: 199

Karachi Building Control Authority Regulations--- ----Regln. 3-2-21-1 (b)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Conversion of residential flat into commercial one---Conversion in question had been challenged on the ground that entire project was for residential purpose and use of said flat as commercial one was causing severe hindrance in all respects including privacy---Counsel for the respondents had submitted that plot in question had been regularized under Regulations 3-2-21-1(b) of Karachi Building Control Authority Regulations---Validity---City District Government had incorrectly acted upon the law of Karachi Building Control Authority as City District Government had no power to act under said Regularization---In the present case, entire nature of use had been changed which was causing injuries to the residents thereof, which could not be permitted---Permission granted by City District Government for commercial use of flat in question, being not legal, same was recalled---Petition was allowed to the extent that said flat would be used for residential purposes. THIS ORDER PASSED BY: PIR ALI SHAH, JUSTICE---.--- The question involved in this petition is for use of Flat No.A-1, 1B Apartment, Block-S, Clifton, Karachi for commercial purpose. The petitioner has challenged the same on the ground that entire project is for residential purpose while use of this flat is causing severe hindrance in all respect, including privacy. Mr. Rehman Aziz Malik submits that the flat has been regularized under Regulations No.3-2-21-1(b) from residential to commercial and that has been done by Master Plan Department CDGK and since the CDGK has acted under the law which is exclusively for the KBCZ, therefore, for the purpose of interpretation of that law Amicus Curiae Mr. Abdul Rehman was required to assist the court. After hearing…

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