| Case ID |
1a212cec-cce0-46fd-806c-5293f089336f |
| Body |
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| Case Number |
High Court Appeal No.170 and C.M.A. No.1648 of 200 |
| Decision Date |
Feb 09, 2008 |
| Hearing Date |
|
| Decision |
The appeal was dismissed by the High Court, affirming the decision of the Single Judge who had previously allowed the construction of a gas station under strict conditions. The court upheld that the defendant must not operate the gas station until the final decision of the court, thus protecting the interests of the plaintiffs. The court found no fault with the Single Judge's order, which was deemed balanced and fair, securing the rights of both parties involved. The court also referenced previous cases to support its decision, emphasizing the importance of legal undertakings in protecting the rights of the petitioners. |
| Summary |
In the case concerning the construction of a gas station in a residential area, the Sindh High Court ruled on a high court appeal that sought to challenge the legality of the construction under the Law Reforms Ordinance and the Specific Relief Act. The petitioners, residents of the area, argued that the gas station would create noise, pollution, and safety hazards, especially given its proximity to schools. The court's decision emphasized the importance of balancing the interests of both the residents and the developers. The ruling highlighted the legal principles surrounding injunctions and the necessity of ensuring public safety while allowing for lawful construction activities. The court's adherence to precedent in similar cases reinforces the legal framework governing such disputes, making this decision significant for future cases involving urban development in residential zones. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED PIR ALI SHAH,
MUNIB AHMAD KHAN
|
| Lawyers |
Muhammad Zahid Khan for Appellants,
Sarwar Khan, A.A.-G.,
Iqbal Memon for K.B.C.A.,
Munawar Hussain for Respondent No.8
|
| Petitioners |
5 others,
HIRA JAWED
|
| Respondents |
8 others,
FEDERATION OF PAKISTAN through Federal Secretary, Ministry of Petroleum and Natural Sources
|
| Citations |
2008 SLD 790 = 2008 CLC 846
|
| Other Citations |
1995 SCMR 753 rel.
|
| Laws Involved |
Law Reforms Ordinance, 1972,
Specific Relief Act (I of 1877),
Law Reforms Ordinance (XII of 1972)
|
| Sections |
15,
42,
54,
3
|