| Case ID |
14d9e084-a2c1-4f0b-bb40-e5304d01dfee |
| Body |
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| Case Number |
D-615 of 1991 and D-632 of 1993 |
| Decision Date |
Oct 31, 2001 |
| Hearing Date |
Oct 31, 2001 |
| Decision |
The Sindh High Court dismissed the constitutional petitions challenging the conversion of a residential plot into an amenity plot for educational purposes. The Court found that the conversion was validly and lawfully executed, with necessary permissions obtained from the lessor and competent authorities. The petitioners' grievances regarding privacy and noise were deemed insufficient, as the school served the larger interest of the community. The petitioners were advised that their claims could be addressed through private remedies rather than constitutional petition. |
| Summary |
In the case of Sindh High Court Constitutional Petitions Nos. D-615 of 1991 and D-632 of 1993, the court addressed the legality of a residential plot's conversion into an educational institution. The petitioners argued that the conversion infringed upon their privacy and residential rights. However, the court ruled that the necessary permissions were granted, thus legitimizing the conversion. The case highlights the balance between residential rights and community needs, particularly in urban settings where educational institutions are increasingly necessary. Legal precedents and constitutional provisions were invoked as the court emphasized the importance of community welfare over individual grievances. This ruling is significant for similar future cases involving property rights and community amenities, making it a crucial reference point in real estate and educational institution disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi Building Control Authority,
Government of Sindh
|
| Judges |
SABIHUDDIN AHMAD,
S. ALI ASLAM JAFRI
|
| Lawyers |
Khalil -ur-Rehman,
Ms. Sana Minhas,
Tufail H. Ebrahim,
Sarwar Khan Addl. A.-G.,
Syed Jamil Ahmed
|
| Petitioners |
others,
Sh. MUHAMMAD NASEEM
|
| Respondents |
others,
ALMURTAZA SOCIETY
|
| Citations |
2003 SLD 2530,
2003 CLC 627
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 199(1)(a)(i)
|