| Case ID |
43fc7e64-1a5d-4167-bbb4-fc10bee7cc5d |
| Body |
View case body. Login to View |
| Case Number |
Suit No. 213 of 2009 |
| Decision Date |
Jul 26, 2012 |
| Hearing Date |
|
| Decision |
The Sindh High Court granted interim injunctive relief in favor of the plaintiff, Owais Iqbal Balouch, against the defendant Raheel Rinch and others, stating that the construction of six townhouses instead of the permitted three was a violation of the Karachi Building and Town Planning Regulations. The court noted that the defendant had previously deviated from the approved plan and had faced demolitions due to non-compliance. The court emphasized that the Authority's discretion to regularize violations is limited and that any purported regularization that alters the original character of the plot is beyond its jurisdiction. The application for interim relief was allowed, and the regularization order by the Authority was suspended pending further proceedings. |
| Summary |
This case revolves around the violation of the Karachi Building and Town Planning Regulations by the defendant, who constructed six townhouses on a plot meant for a bungalow. The plaintiff sought interim relief, arguing that the construction was illegal and caused irreparable harm. The court examined the powers of the Karachi Building Control Authority to regularize violations and found that the Authority had acted beyond its jurisdiction. The ruling highlights the importance of compliance with building regulations and the Authority's limited discretion in regularizing changes that alter the character of a property. The decision underscores the legal framework governing building regulations and the need for adherence to approved plans to maintain urban planning integrity. Key terms include 'Karachi Building and Town Planning Regulations', 'interim relief', 'construction violations', and 'legal compliance'. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Munib Akhtar, J
|
| Lawyers |
Haider Waheed,
M. Abdur Rahman,
Ms. Nasreen Sehto
|
| Petitioners |
Owais Iqbal Balouch
|
| Respondents |
3 others,
Raheel Rinch
|
| Citations |
2012 SLD 2726 = 2012 PLD 486
|
| Other Citations |
Ardeshir Cowasjee and others v. Karachi Building Control Authority and others 1999 SCMR 2883,
Citizen Welfare Society and another v. KBCA and another 2009 YLR 215,
Abdul Razzak v. Karachi Building Control Authority and others PLD 1994 SC 512,
Multiline Associates v. Ardeshir Cowasjee and others PLD 1995 SC 423,
Muhammad Usman v. KBCA 2000 CLC 925
|
| Laws Involved |
Karachi Building and Town Planning Regulations, 1979,
Karachi Building and Town Planning Regulations, 2002,
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908)
|
| Sections |
16(2)(c),
3-2.20.2(c),
42,
54,
O.XXXIX, Rr.1 & 2
|