| Case ID |
380597cd-f876-41ed-ab07-4dd923bad9e3 |
| Body |
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| Case Number |
D-953 of 2015 |
| Decision Date |
Jul 05, 2021 |
| Hearing Date |
Mar 30, 2021 |
| Decision |
In this case, the Sindh High Court addressed the illegal conversion of residential plots into commercial properties. The petitioners argued against the commercialization of two adjacent residential plots, asserting that the conversion was unlawful and violated existing regulations. The court found that the necessary legal requirements for such conversion had not been fulfilled, and directed the concerned authorities to reassess the applications for conversion. The court emphasized the importance of adhering to regulations and taking into account the objections from local residents before any such declarations are made. Ultimately, the petitions were partly allowed, and the case was remitted back to the authorities for further consideration. |
| Summary |
The case revolves around the contentious issue of converting residential properties into commercial properties in Karachi. The petitioners, led by A. Razzaq Dawood, contended that the conversion of plots F-16 and F-17 into commercial use was illegal. They highlighted violations of the Karachi Building and Town Planning Regulations, asserting that such conversions require strict adherence to legal protocols, including public notifications and approvals from relevant authorities. The court's ruling emphasized the need for regulatory compliance and community engagement in planning decisions, reflecting a broader trend in urban development towards sustainable and legal land use practices. This case is pivotal for residents concerned about the encroachment of commercial activities into residential areas, aligning with ongoing debates about urban planning and property rights. Keywords include 'Karachi real estate regulations', 'residential vs commercial land use', 'urban planning disputes', and 'property law in Pakistan'. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi Water and Sewerage Board,
Civil Aviation Authority,
Karachi Municipal Corporation,
Pakistan Air Force,
Sindh Building Control Authority
|
| Judges |
IRFAN SAADAT KHAN, JUSTICE,
ADNAN-UL-KARIM MEMON, JUSTICE
|
| Lawyers |
Sharjeel Akram Shaikh,
Abbad-ul-Hussnain,
Abdur Rehman,
Ms. Sadia Khatoon,
Dr. Shahnawaz,
Iqbal Khurram,
Muhammad Nishat Warsi,
Dhani Bukhsh Lashari,
Waleed Rehan Khanzada
|
| Petitioners |
A. RAZZAQ DAWOOD AND OTHERS
|
| Respondents |
M/S. URBAN PROPERTIES BUILDERS AND OTHERS
|
| Citations |
2022 SLD 260 = 2022 CLC 209
|
| Other Citations |
Mst. Ummatullah through Attorney v. Province of Sindh through Secretary Ministry of Housing and Town Planning, Karachi and 6 others (PLD 2010 Karachi 236),
Dr. Raheela Magsi v. Province of Sindh through Chief Secretary and 2 others (2013 CLC 1420),
Khawaja Ahmad Hassan v. Government of Punjab and others (2005 SCMR 186),
Civil Petition No. 815-K/2016 (by the Hon’ble Supreme Court of Pakistan),
Abdul Razak v. Karachi Building Control Authority and others (PLD 1994 SC 512),
Ahmad Javed Shah v. Lahore Development Authority (1996 CLC 748),
Lahore Grammar School (Pvt.) Ltd. v. Mst. Hameeda Begum and another (1996 PLD Lahore 442),
Muhammad Jabal and another v. Director General, Lahore Development Authority and another (1995 CLC 1881),
Mrs. Shamim Rizwan v. Province of Punjab and others (PLD 1997 Lahore 580)
|
| Laws Involved |
Karachi Building and Town Planning Regulations, 2002,
Sindh Local Government Ordinance, 2001,
Karachi Metropolitan Resolution, 2012,
Civil Aviation Authority Regulations
|
| Sections |
Not available
|