Legal Case Summary

Case Details
Case ID 093ee1af-551b-4b27-8665-ea0e1d02d727
Body View case body.
Case Number C.P. No. D-1280 of 1996
Decision Date Feb 06, 1998
Hearing Date
Decision The petitioners challenged the construction of a multi-storeyed building, known as 'Glass Towers', arguing that it was contrary to regulations governing residential areas. The court found that the conversion of the plot from residential to commercial was improperly executed and that the construction obstructed future road widening plans. The court ruled that the portion of the building impeding the proposed road expansion must be demolished. This decision emphasized the need for adherence to urban planning laws and the rights of residents to contest unlawful developments in their neighborhoods.
Summary This case addresses the conflict between commercial development and residential rights in Karachi. The petitioners, residents concerned about the impact of a high-rise building on their community, sought to contest the legality of its construction. The Sindh High Court ruled in favor of the petitioners, asserting that the construction not only violated local zoning laws but also threatened the future infrastructure of the area. This case highlights significant issues surrounding urban planning, the rights of residents against commercial encroachment, and the importance of compliance with regulatory frameworks designed to protect community interests. The decision mandates the demolition of parts of the building that obstruct future road expansions, reinforcing the principle that development must be in harmony with community needs and urban planning regulations.
Court Sindh High Court
Entities Involved Not available
Judges KAMAL MANSOOR ALAM, JUSTICE, RANA BHAGWAN DAS, JUSTICE
Lawyers Naimur Rehman for Petitioners., Muhammad Yasin Kiyani for Respondent No. 5., M. Iqbal Memon for Respondents Nos. 6 to 8., Abdul Hafeez Pirzada, Abdul Qadir Khan, A. Saeed, Hissam-ud-Din, Aziz Malik, Rana Ikramullah and A. Aziz Khan for Respondents Nos. 16 to 19., Raja Qureshi, Advocate-General, Sindh.
Petitioners ARDESHIR COWASJEE & OTHERS
Respondents GOVERNMENT OF SINDH & OTHERS
Citations 1998 SLD 1147, 1998 MLD 1219
Other Citations Mst. Zubaida v. Pakistan State Oil House and others Civil Petition No. D-210 of 1991, Ameer Nawaz Khan Zai and others v. Karachi Building Control Authority and others C.P. No. 2651 of 1993, Muhammad Ismail and another v. Karachi Building Control Authority and others C.P. No. 2548 of 1994, Agha Fakhruddin v. Muhammad Paryal and others PLD 1989 SC 16, Buxton and others v. Minister of Housing and Local Government (1961) 1 Q.B. Bench 278, Gregory and another v. London Borough of Camden (1966) 2 All ER 196, Jas Bhai Moti Bhai Desai v. Roshan Kumar and others AIR 1976 SC 578, Multiline Associates v. Ardeshir Cowasjee 1995 SCMR 362, Mst. Sardar Begum Farooqi and 6 others v. Mst. Rashida Khatoon and 2 others 1990 CLC 83
Laws Involved Constitution of Pakistan, 1973, Constitution of Pakistan, 1962
Sections 199, 178