| Case ID |
4666fee1-bdb6-447a-8471-6948d7a29215 |
| Body |
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| Case Number |
Civil Revision Application No.120 of 2012 |
| Decision Date |
Jun 10, 2013 |
| Hearing Date |
Apr 15, 2013 |
| Decision |
The Sindh High Court dismissed the revision application filed by the applicants against the appellate court's decision, which had awarded compensation to Mst. Shakeela Begum for the illegal demolition of her house by the Development Authority. The appellate court found that the plaintiffs were entitled to compensation due to the unlawful actions taken without proper legal authority. The court emphasized that the awarding of damages is a discretionary power that must consider the unique circumstances of each case. The court confirmed that the amount awarded by the appellate court was reasonable and warranted, thus upholding the decision that the demolition was illegal and that the plaintiff was entitled to compensation. |
| Summary |
In the case of Civil Revision Application No.120 of 2012, the Sindh High Court addressed a significant issue regarding the illegal demolition of a residential property owned by Mst. Shakeela Begum. The court reviewed the appellate court's decision, which had previously ruled in favor of the plaintiff by awarding her compensation for the damages suffered due to the unlawful demolition conducted by the Karachi Development Authority. The judgment highlighted the importance of adhering to legal protocols when executing demolition orders and confirmed that the failure to do so warranted compensation for the affected party. The ruling reinforced the discretionary nature of damage awards, emphasizing that each case must be evaluated on its own merits. The court ultimately found no grounds to interfere with the appellate court's decision, thus upholding the compensation awarded to Mst. Shakeela Begum. This case serves as a pivotal reference for future cases involving property rights and the responsibilities of municipal authorities in Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Irfan Saadat Khan
|
| Lawyers |
S. Sultan Ahmed,
Nazar Akber
|
| Petitioners |
CDGK through Administrator and 3 others
|
| Respondents |
Mst. Shakeela Begum through Legal Heirs
|
| Citations |
2014 SLD 1139,
2014 MLD 356
|
| Other Citations |
Qamaruddin v. Province of Sindh and 4 others 2002 CLC 825,
Ali Raziq v. Sabar Khan 2003 CLC 1342,
Ali Muhammad v. Muhammad Hayat 1982 SCMR 816,
Federation of Pakistan v. Al-Farooq Flour Mills Ltd. 2000 CLC 215,
Klb-e-Hyder and Company (Pvt.) Ltd. through Chief Executive v. National Bank of Pakistan through President 2008 CLC 965,
Malik Liaquat Ali v. Zafar Ali 2003 SCMR 1207,
Hafiz Ali Muhammad v. Muhammad Abad and others PLD 1999 Kar. 354,
Muhammad Ishaq v. Azizuddin and others 2004 MLD 251,
Municipal Corporation Bahawalpur v. Sh. Aziz Elahi PLD 1970 SC 506,
PIA v. Pak Saaf Dry Cleaners PLD 1981 SC 553,
Shaikh Faqir Muhammad v. Muhammad Din 1993 SCMR 1955,
Molvi Muhammad Azeem v. Al-Haj Mehmood Khan Bangash and another 2010 SCMR 817,
UBL v. Yousuf Haji Noor Dhadhi 1988 SCMR 82,
Zakirullah Khan v. Faizullah Khan 1999 SCMR 971,
Mushtari Khan v. Jehangir Khan 2006 SCMR 1238,
Abdul Hameed and others v. Khalid and others 2007 SCMR 938,
Malik Muhammad Khaqan v. Trustees of the Port of Karachi (KPT) and another 2008 SCMR 428,
Shamshad v. Arif Ashraf Khan 2010 SCMR 473,
Muhammad Akram v. Arman Bibi PLD 1990 SC 28,
Sufi Muhammad Ishaque's case PLD 1996 SC 737
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| Laws Involved |
Not available
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| Sections |
Not available
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