| Case ID |
047f2771-3812-403e-ab70-8808f72d9a72 |
| Body |
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| Case Number |
D-914 of 1984 |
| Decision Date |
Apr 17, 1986 |
| Hearing Date |
Mar 03, 1986 |
| Decision |
The Sindh High Court ruled that the regulations framed by the Karachi Building Control Authority were ultra vires and unreasonable. It declared the regulations ineffective, emphasizing that the landlord must obtain necessary sanctions before filing for eviction on reconstruction grounds. The court highlighted the importance of safeguarding tenant rights and mandated proper mechanisms for resolving disputes between landlords and tenants. The ruling clarified that while the Building Control Authority has the power to regulate, it cannot impose unreasonable conditions that infringe on established rights under the Sindh Rented Premises Ordinance. The court allowed the petition and struck down the regulations as invalid. |
| Summary |
In the landmark case of HASHWANI SALES & SERVICES LIMITED vs. KARACHI BUILDING CONTROL AUTHORITY, the Sindh High Court examined the legality of regulations imposed by the Karachi Building Control Authority under the Sindh Building Control Ordinance, 1979. These regulations mandated landlords to secure agreements with tenants before receiving approval for building plans. The court found these regulations to be ultra vires as they overstepped the authority's jurisdiction and imposed unreasonable restrictions on landlords, potentially infringing on their rights. It emphasized the need for a balanced approach to landlord-tenant relations, ensuring that tenant rights are protected without unduly hampering landlords' ability to develop and manage their properties. The ruling underscored the necessity of obtaining proper approvals and maintaining clear communication between landlords and tenants, which is pivotal for effective property management and urban development in Sindh. As urban development continues to evolve, this case serves as a critical reference point in the ongoing dialogue surrounding tenant rights and landlord responsibilities in Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MAMOON KAZI,
MUHAMMAD ZAHOORUL HAQ
|
| Lawyers |
S. M. Sadiq,
A. Monem Khan,
Mirza Yakoob Baig,
S. Zafar,
R. F. Virjee,
Nisarally,
Muhammad Asar,
Suleman Kassim,
A. Aziz Khan,
Mustafa Lakhani,
Amjad Hussain,
Mr. Talati,
Mirza Shabbir Kazilbash,
Saeed Qureshi
|
| Petitioners |
HASHWANI SALES & SERVICES LIMITED
|
| Respondents |
15 OTHERS,
KARACHI BUILDING CONTROL AUTHORITY
|
| Citations |
1998 SLD 514,
1998 PLD 393
|
| Other Citations |
Rashid Brothers Faisalabad v. Ch. Muhammad Anwar Khan and another 1981 S C M R 782,
Haji Hashmat Ullah and 9 others V. Karachi Municipal Corporation and 3 others P L D 1971 Kar. 514,
Sultan Mawjee and 3 others v. Federation of Pakistan Chamber of Commerce and Industries Karachi and 3 others P L D 1982 S C 174,
Province of East Pakistan and another v. Nur Ahmad and another P L D 1964 S C 451,
Abdul Hadi alias Abdul Hadi Hussain and 2 others v. Syed Ali Haider and others P L D 1983 S C 342,
Zoab and 5 others v. Akhtar Ali 1983 S C M R 3911,
Saleh Muhammad v. Traffic Manager, Port Trust, Karachi P L D 1962 (W. P.) Kar. 349,
Maharashtra State Board of Secondary and Higher Secondary Education and another v. Paritosh Phupesh Kurrmarseth etc. A I R 1984 S C 1543,
Kruse v. Johnson (1898) 2 Q B 91,
Lord Russell of Killowen in Kruse v. Johnson (1898) 2 Q B 91 ; (1979) 1 S C R 721 and A I R 1975 S C 1935
|
| Laws Involved |
Sindh Rented Premises Ordinance (XVII of 1979),
Sind Building Control Ordinance (V of 1979),
Constitution of Pakistan (1973)
|
| Sections |
15,
21-A,
199
|