| Case ID |
2c45d975-4973-44a2-8782-41393a185ea7 |
| Body |
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| Case Number |
Civil Appeal No. 15 of 1960 |
| Decision Date |
Jan 10, 1961 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by Sheikh Ata Elahi against the Municipal Committee, Sialkot. The court upheld the finding that the building owned by Elahi was in a dangerous condition and that the demolition by the Municipal Committee was a bona fide act in the interest of public safety. The court ruled that the Municipal authorities were justified in their actions as they had acted within the provisions of the Punjab Municipal Act, 1911, particularly section 114, which allows the committee to enforce demolition if a building is deemed dangerous. The appellant's claim for compensation for the illegal demolition was rejected, and the court affirmed the High Court's decision regarding the existence of a valid scheme for the widening of the street where the building was located. |
| Summary |
In the case of Sheikh ATA ELAHI vs. MUNICIPAL COMMITTEE, SIALKOT, the Supreme Court of Pakistan addressed the legalities surrounding the demolition of a building under the Punjab Municipal Act, 1911. The appeal arose after the Municipal Committee issued notices demanding the demolition of Elahi's building, which they deemed dangerous following severe rains. The court examined whether the Municipal authorities were required to provide the owner with an option to repair the building instead of demolishing it. Ultimately, the court concluded that the authorities acted lawfully, emphasizing the importance of public safety. The ruling provided clarity on the interpretation of section 114 of the Municipal Act, reinforcing the discretion of public authorities in making decisions regarding building safety. This case highlights the balance between individual property rights and public interest in municipal governance, making it a significant reference point for future cases involving municipal regulations and property law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Municipal Committee, Sialkot
|
| Judges |
A. R. CORNELIUS, C.J.,
S. A. RAHMAN,
FAZLE AKBAR,
HAMOODUR RAHMAN, JJ
|
| Lawyers |
Ghias Muhammad, Senior Advocate Supreme Court,
Miss R. S. Qari, Advocate Supreme Court
|
| Petitioners |
Sheikh ATA ELAHI
|
| Respondents |
MUNICIPAL COMMITTEE, SIALKOT
|
| Citations |
1961 SLD 299,
1961 PLD 157
|
| Other Citations |
Petman v. King-Emperor 23 P R 1905 (Cr.),
Hazuri Mal v. King Emperor 18 P R 1908 (Cr.),
Mian Musharaff Shah v. Emperor A I R 1940 Pesh. 16,
Byramji Pudamji v. Emperor 52 I C 665,
Emperor v. Bastiao Andradez A I R 1934 Bom. 213,
Dwarka Mahton v. Patna City Municipality A I R 1936 Pat. 282
|
| Laws Involved |
Punjab Municipal Act, 1911
|
| Sections |
114
|