| Case ID |
42d1602c-1191-4dab-972a-1ea03fe6839a |
| Body |
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| Case Number |
High Court Appeals Nos. 55 and 58 of 1991 |
| Decision Date |
Dec 31, 1992 |
| Hearing Date |
|
| Decision |
The Sindh High Court held that the plaintiffs did not establish a case of absolute nuisance against the defendant. The court determined that while the construction of the multi-storeyed building could potentially lead to public nuisance, the plaintiffs failed to demonstrate significant injury or infringement of their rights. The court emphasized that mere violation of municipal regulations or ordinances does not automatically result in actionable claims unless real or apprehended injury is proven. Therefore, the court granted a limited injunction to restrict the construction beyond five storeys, while allowing construction under the approved plans that had been legally obtained. The decision stressed the importance of balancing the legal rights of property owners with the necessity of urban development. |
| Summary |
This case revolves around the conflict between residential rights and urban development in the Clifton area of Karachi. The plaintiffs, local residents, filed a suit against Datari Construction Co. (Pvt) Ltd., challenging the construction of a multi-storeyed building, claiming it would create a public nuisance. The Sindh High Court examined the provisions of the Sindh Building Control Ordinance and the Civil Procedure Code regarding public nuisance and representative suits. The court ruled that while the plaintiffs had concerns about overpopulation and loss of privacy, they did not prove substantial injury or infringement of their rights, leading to a nuanced decision. The ruling highlights the tension between compliance with urban planning regulations and the rights of residents, emphasizing the necessity for clear evidence of harm in nuisance claims. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi Development Authority
|
| Judges |
SYED HAIDER ALI PIRZADA,
MUHAMMAD HUSSAIN ADIL KHATRI
|
| Lawyers |
Liaquat Merchant,
Sharif Faridi,
Naimur Rehman,
Dasti Muhammad Ibrahim
|
| Petitioners |
A. Razak Adamjee,
Abdul Hamid Adamjee
|
| Respondents |
Datari Construction Co. (Pvt) Ltd.
|
| Citations |
1995 SLD 1058 = 1995 CLC 846
|
| Other Citations |
Hirendra Nath Datta v. Corporation of Calcutta and others AIR 1941 Cal. 386,
Ameer Ali, in re Sm. Lakshmimoni Dassi AIR 1941 Cal. 391,
Nandalal Ladia and another v. Prowdayal Tikriwalla and another AIR 1952 Calcutta 74,
Muhammad Munir, v. Ahmed Ally Memon and 2 others PLD 1982 Kar. 425,
Moosa Bhunji (through Legal Heirs) v. Hashwani Sales and Service Limited and another PLD 1982 Kar. 940
|
| Laws Involved |
Sindh Building Control Ordinance (V of 1979),
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877),
Easements Act (V of 1882),
Limitation Act (IX of 1908)
|
| Sections |
16,
20-A,
91,
O.I, R. 8,
54,
55,
4,
12
|