| Case ID |
1ff9c59a-78f2-4bbe-8f96-0e05043abacf |
| Body |
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| Case Number |
D-1928 of 2016 |
| Decision Date |
Dec 15, 2022 |
| Hearing Date |
Nov 15, 2022 |
| Decision |
The Sindh High Court dismissed the constitutional petitions filed by K.M. AWAN, who claimed to be a social worker, against the alleged illegal constructions in the Karachi Administration Employees Cooperative Housing Society (KAECHS). The court found that the subdivisions of plots in question were within permissible limits as per the Karachi Building and Town Planning Regulations, 2002. The court noted that there was no adverse impact on the petitioner's property due to the constructions. The petitions were disposed of as the petitioner failed to establish a direct interest in the matter, and the High Court directed the relevant authorities to ensure compliance with applicable laws. |
| Summary |
This case revolves around constitutional petitions filed by K.M. AWAN against alleged illegal constructions in the KAECHS. The petitioner claimed to be a social worker and sought the court's intervention citing violations of building regulations. The court examined the legality of plot subdivisions and found them compliant with the Karachi Building and Town Planning Regulations, 2002. The decision emphasized the importance of public interest litigation while also addressing issues of procedural compliance by the SBCA. The ruling highlighted the balance between lawful construction and community rights, ensuring that regulatory frameworks are upheld. Keywords include illegal construction, public interest litigation, Karachi Building Regulations, and compliance with law. |
| Court |
Sindh High Court
|
| Entities Involved |
KAECHS,
SBCA
|
| Judges |
Irfan Saadat Khan,
Zulfiqar Ahmad Khan
|
| Lawyers |
Muhammad Mansoor Mir,
Faran Sardar,
Faizan Mansoor,
Saifullah,
Dhani Bux Lashari,
Muhammad Nouman Jamali,
Abdul Razzaq,
Muhammad Ahmer
|
| Petitioners |
K.M. AWAN
|
| Respondents |
GOVERNMENT OF SINDH through Secretary Home, Karachi and others
|
| Citations |
2024 SLD 2883,
2024 CLC 394
|
| Other Citations |
Muhammad Maqsood Sabir Ansari v. District Returning Officer, Kasur and others PLD 2009 SC 28,
Muhammad Sharif v. Mst. Zubaida Begum and others 1983 SCMR 1197,
Sardar Muhammad v. Deputy Administrator, Residual Property and another 1981 SCMR 738,
Multiline Associates v. Ardeshir Cowasjee and 2 others PLD 1995 SC 423,
Nighat Jamal v. Province of Sindh and others 2010 YLR 2624,
Ardeshir Cowasjee and 10 others v. Karachi Building Control Authority (KMC), Karachi and 4 others 1999 SCMR 2883,
Standard Chartered Bank Limited through Constituted Attorney v. Karachi Municipal Corporation through Administrator and 9 others 2015 YLR 1303
|
| Laws Involved |
Karachi Building and Town Planning Regulations, 2002,
Constitution of Pakistan, 1962
|
| Sections |
18.3.1.3,
199
|