| Case ID |
07c6b8ee-222b-461e-a812-d24cbc1a21d4 |
| Body |
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| Case Number |
D-142 of 1994 |
| Decision Date |
Sep 20, 1995 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the petition of Messrs Continental (Pvt.) Limited seeking to construct a multi-storeyed building exceeding the regulatory limits imposed by the Government of Sindh. The court held that the petitioner failed to demonstrate that the ban on high-rise buildings, which limited construction to a maximum of four floors, was not applicable to their project. The petitioner’s claims regarding the clearance from the Scrutiny Committee were unsupported by evidence, thereby failing to meet the burden of proof required in this constitutional jurisdiction. The decision emphasizes the importance of adherence to regulations concerning urban development, particularly in light of public interest and utility availability. |
| Summary |
The case revolves around a constitutional petition filed by Messrs Continental (Pvt.) Limited against the Government of Sindh concerning the ban on high-rise buildings in Karachi. The petitioner sought to construct a building with seven storeys, while the regulations limited construction to a maximum of four storeys due to utility shortages. The court examined the petitioner's claims that they had received necessary approvals and that the ban should not apply to their project. However, the court found that the petitioner could not substantiate their claims with appropriate documentation, leading to the dismissal of their petition. This case highlights key issues of urban planning, regulatory compliance, and the balance between development and public interest in Karachi's rapidly growing landscape. It serves as a significant reference for future cases involving construction regulations and urban development in the region. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi Water and Sewerage Board,
Karachi Development Authority
|
| Judges |
Salahuddin Mirza,
Ghouse Muhammad
|
| Lawyers |
Amanullah Khan,
Advocate-General, Sindh,
Mrs. Zahida Naqvi
|
| Petitioners |
Messrs Continental (Pvt.) Limited
|
| Respondents |
Government of Sindh through Secretary, Housing Town Planning Department, Karachi High Court,
Zahida Naqvi
|
| Citations |
1997 SLD 708,
1997 CLC 827
|
| Other Citations |
Not available
|
| Laws Involved |
Karachi Building and Town Planning Regulations,
Constitution of Pakistan (1973)
|
| Sections |
Regln. 13,
Art. 199
|