| Case ID |
25fd20ca-ba04-4e6c-aadf-90400497216c |
| Body |
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| Case Number |
H.C.A. No.21 of 2004 |
| Decision Date |
Feb 07, 2006 |
| Hearing Date |
|
| Decision |
The Sindh High Court ruled to allow the intervenor 'Shehri: C.B.E.' to be joined as a respondent in the appeal concerning the construction on a disputed plot. The court emphasized that no party should suffer due to the court's omissions and acknowledged the intervenor's role in advocating for environmental concerns. The court noted that the intervenor's presence would aid in resolving relevant questions effectively, despite the appellants' argument that the intervenor was not a necessary party. The decision reinforces the importance of public interest litigation and the role of NGOs in environmental protection. |
| Summary |
In the case of H.C.A. No.21 of 2004, the Sindh High Court addressed the application of the NGO 'Shehri: C.B.E.' to be joined as a respondent in an appeal regarding the construction on a disputed plot. The court underscored the principle that no party should be penalized for the court's mistakes. The intervenor, concerned with environmental issues, argued that the appellants had changed the plot's use without proper proceedings, warranting their inclusion in the appeal. The court decided that the intervenor, although not necessary, was a proper party whose involvement would facilitate comprehensive adjudication of the case. This ruling highlights the significance of public interest litigation and the judiciary's recognition of NGOs in safeguarding environmental rights. The decision also reiterates the need for judicial efficiency and the avoidance of multiplicity in litigation, reinforcing the role of the judiciary in balancing individual rights with public interests. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
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| Judges |
ANWAR ZAHEER JAMALI,
MUHAMMAD ATHER SAEED
|
| Lawyers |
Mushtaq A. Memon,
Manzoor Ahmed,
Ms. Rizwana Ismail
|
| Petitioners |
KARACHI PLAY HOUSE
|
| Respondents |
CITY DISTRICT GOVERNMENT
|
| Citations |
2006 SLD 2039,
2006 CLC 578
|
| Other Citations |
Hussain v. Mansoor Ali and 5 others PLD 1977 Kar. 8,
A. Razzak Adamjee and another v. Messrs Datari Construction Company (Pvt.) Limited and another 2005 SCMR 142,
Altaf Parekh v. Delments Construction Company 1992 CLC 700,
Uzin Export Import Enterprises for Foreign Trade Karachi v. Union Bank of Middle East Ltd. Karachi and another PLD 1994 SC 95,
Pakistan Banking Council and another v. Ali Mohtaram Naqvi and others 1985 SCMR 714
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| Laws Involved |
Not available
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| Sections |
Not available
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