| Case ID |
e0616255-e90d-4e2e-b7f0-24ba00f3f933 |
| Body |
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| Case Number |
Civil Petitions for Leave to Appeal Nos.90-K and 9 |
| Decision Date |
May 29, 1997 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan addressed the petitions regarding the construction of multi-storeyed buildings allegedly in violation of approved building plans and regulations. The High Court had refused to grant an interim injunction, stating that the buildings were structurally completed. The Supreme Court decided not to stay construction at that stage but restrained the respondents from transferring or creating any encumbrance on the disputed buildings until the resolution of the constitutional petitions pending in the High Court. The Court emphasized the need for the High Court to resolve the matter expeditiously. |
| Summary |
This case revolves around the legal disputes concerning the construction of multi-storeyed buildings in Karachi, where the petitioners alleged violations of the Karachi Building and Town Planning Regulations, 1979. The Supreme Court examined the interim orders and the validity of the construction against the backdrop of the approved building plans. The case highlights critical issues such as regulatory compliance, property rights, and the balance between development and legal adherence. The judges underscored the importance of timely resolutions in construction disputes to prevent complications arising from third-party interests. The ruling reinforces the significance of established building regulations and the legal procedures surrounding construction projects in urban areas, ensuring that developments align with community standards and regulations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Karachi Building Control Authority
|
| Judges |
AJMAL MIAN,
MUNAWAR AHMED MIRZA,
KHALIL-UR-REHMAN KHAN,
Justice (Retd.) DORAB PATEL
|
| Lawyers |
Liaqat Merchant, Advocate Supreme Court,
Naeem-ur-Rehman, Advocate Supreme Court,
Abdul Qadir Khan, Advocate,
A. Aziz Khan, Advocate-on-Record,
Ghulam Hussain Abbasi, Senior Advocate Supreme Court,
Muhammad Farogh Naseem, Advocate,
M. S. Ghaury, Advocate-on-Record
|
| Petitioners |
Legal Heirs of Justice (Retd.) DORAB PATEL
|
| Respondents |
KARACHI BUILDING CONTROL AUTHORITY
|
| Citations |
2001 SLD 1380,
2001 SCMR 731
|
| Other Citations |
Abdul Razak v. Karachi Building Control Authority and others PLD 1994 SC 512,
Multiline Associates v. Ardeshir Cowasjee and 2 others PLD 1995 SC 423
|
| Laws Involved |
Karachi Building and Town Planning Regulations, 1979,
Constitution of Pakistan (1973)
|
| Sections |
Para.2(i)(e), Sched.G,
Art.185
|