| Case ID |
42639d65-37b6-400a-b8ab-1809cad5c04a |
| Body |
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| Case Number |
Civil Petition No.842 of 1998 |
| Decision Date |
Oct 30, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal to examine critical questions regarding the construction of a fifth storey by the respondents without prior approval from the concerned Municipal Authority. The case revolved around the legality of the High Court's jurisdiction to entertain grievances of builders without tangible rights, and whether the builders could arbitrarily determine conversion charges without proper approval. The court emphasized the necessity of adhering to legal protocols for construction and the significance of having an approved building plan. The Supreme Court observed that the High Court had erred in basing its findings on a privileged communication from a legal adviser and granted leave to appeal, directing parties to maintain status quo pending disposal of the appeal. |
| Summary |
In the case of Capital Development Authority vs. Muhammad Yousuf, the Supreme Court of Pakistan addressed significant legal questions regarding municipal authority's approval in construction. The case originated from a dispute where the respondents began constructing a fifth storey without prior sanction. The court scrutinized the High Court's decision to allow such construction based on an internal departmental opinion rather than an approved plan. This landmark case highlights the importance of compliance with local regulations and the legal ramifications of unauthorized construction. The ruling serves as a precedent in ensuring that builders adhere to statutory requirements for construction, thereby safeguarding urban planning principles. The decision underlines the necessity for clarity regarding conversion charges and the process for obtaining necessary approvals, ensuring that municipal regulations are upheld. Keywords: construction law, municipal authority, Supreme Court ruling, unauthorized construction, urban planning law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Capital Development Authority
|
| Judges |
AJMAL MIAN, C.J.,
MUNAWAR AHMED MIRZA,
CH. MUHAMMAD ARIF, JJ
|
| Lawyers |
Sardar Muhammad Aslam, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record,
Ali Sibtain Fazli, Advocate Supreme Court,
M.A. Zahidi, Advocate-on-Record
|
| Petitioners |
CAPITAL DEVELOPMENT AUTHORITY
|
| Respondents |
another,
MUHAMMAD YOUSUF
|
| Citations |
1999 SLD 374,
1999 SCMR 1579
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
185(3),
199
|