| Case ID |
25de31cc-09ed-4493-a498-6a5f6d95b004 |
| Body |
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| Case Number |
Civil Petition No. 125 of 1995 |
| Decision Date |
Jul 11, 1996 |
| Hearing Date |
|
| Decision |
The Quetta High Court ruled that the Quetta Municipal Earthquake Proof Building Code, 1937, remains applicable and enforceable despite the introduction of the Balochistan Building Control Ordinance of 1979, which had not been operationalized. The court determined that the Building Code regulates the construction of residential buildings in Quetta, particularly regarding height restrictions and the requirement for open space. The petitioners' concerns about the unauthorized construction of multistoreyed buildings were acknowledged, and the court directed the municipal authorities to enforce compliance with the Building Code. The court also emphasized the importance of the historical context of earthquake safety in Quetta and the necessity of preserving the integrity of the Building Code to protect public safety. |
| Summary |
In the case of Civil Petition No. 125 of 1995, the Quetta High Court addressed critical issues surrounding the Quetta Municipal Earthquake Proof Building Code, 1937, and its applicability against the backdrop of ongoing construction activities in a seismic zone. The petitioners, led by Begum Saida Qazi Isa, contested the construction of multistoreyed buildings that allegedly violated the established Building Code, which aims to ensure safety in a region historically prone to earthquakes. The court's decision underscored the necessity of adhering to the Building Code to mitigate risks associated with seismic activities, thereby safeguarding the lives and properties of Quetta's residents. This ruling reinforces the significance of legal frameworks in urban planning and disaster risk management, highlighting the intersection of law and public safety in construction practices. The court mandated strict enforcement of height restrictions and the preservation of open spaces, thereby advocating for responsible development in Quetta. The implications of this case resonate with ongoing discussions about urban safety, building regulations, and community welfare in earthquake-prone areas. |
| Court |
Quetta High Court
|
| Entities Involved |
Government of Balochistan,
Quetta Municipal Corporation
|
| Judges |
AMIR-UL-MULK MENGAL,
JAVED IQBAL
|
| Lawyers |
Basharatullah for Petitioners,
H. Shakil Ahmed for Respondent No. 1,
Sakhi Sultan for Respondent No. 2,
Ch. Ejaz Yousaf, Addl. A.G. for the Government of Balochistan,
Tariq Mehmood for Respondents Nos. 5 and 6
|
| Petitioners |
2 others,
BEGUM SAIDA QAZI ISA
|
| Respondents |
5 others,
Quetta MUNICIPAL CORPORATION through Administrator
|
| Citations |
1997 SLD 407,
1997 PLD 1
|
| Other Citations |
1982 SCMR 522,
1995 SCMR 362,
PLD 1992 Kar. 54,
1991 MLD 1112
|
| Laws Involved |
Quetta Municipal Earthquake Proof Building Code, 1937,
Balochistan Building Control Ordinance (VI of 1979),
Balochistan Local Government Ordinance (II of 1980)
|
| Sections |
44,
50,
1(2),
74-A
|