| Case ID |
e1948128-79b9-47b3-92a9-76a1b019c7c0 |
| Body |
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| Case Number |
Civil Appeals Nos. 79-K to 82-K of 1987 |
| Decision Date |
Dec 18, 1991 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeals, upholding the decision of the High Court which had declared the regulations framed by the Karachi Building Control Authority as ultra vires the provisions of the Sindh Buildings Control Ordinance. The court emphasized that the regulations imposed unreasonable conditions on landlords, thereby infringing upon their rights while failing to provide adequate protections for tenants. The ruling highlighted the necessity for a balanced approach that respects both tenant rights and landlord interests, particularly in cases involving reconstruction of buildings. The court underscored that any regulations must align with the objectives of the Ordinance and should not undermine the legal rights of the parties involved in tenancy agreements. |
| Summary |
This case revolves around the interpretation of the Sindh Building Control Ordinance and the constitutional implications of regulations framed by the Karachi Building Control Authority. The Supreme Court evaluated the legality of these regulations, which required landlords to secure agreements with tenants for alternate accommodation before granting approval for building plans. The court found these regulations to be unreasonable and impracticable, infringing upon landlords' rights while not sufficiently protecting tenants' interests. The judgment reinforces the need for regulatory measures to be fair and balanced, ensuring that both landlords and tenants are treated justly within the legal framework. This case is significant for its implications on property law, tenant rights, and the regulatory powers of local authorities. Key phrases include 'Sindh Building Control Ordinance', 'tenant rights', 'landlord interests', 'Supreme Court of Pakistan', 'property law', 'regulatory measures', and 'legal framework'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Karachi Building Control Authority,
Hashwani Sales and Services Limited
|
| Judges |
Ajmal Mian,
Sajjad Ali Shah,
Saleem Akhtar
|
| Lawyers |
Mubarak Hussain Siddiqui,
Maroof Ali Khan,
Fakhruddin G. Ebrahim,
S. Anwar Ali,
Amjad Hussain,
Faizanul Haq,
AA. Dastgir,
Ahmadullah Farooqi,
Shabbir Qazilbash,
Noor Muhammad,
Abdul Kadir Khan,
A. Latif A. Shakoor,
Rustom F. Virjee
|
| Petitioners |
,
Karachi Building Control Authority
|
| Respondents |
,
Hashwani Sales and Services Limited
|
| Citations |
1993 SLD 1930,
1993 PLD 210
|
| Other Citations |
Rashid Brothers, Faisalabad v. Ch. Muhammad Anwar Khan and another 1981 SCMR 782,
Messrs Pak Army Furnishing Stores v. Syed Ali Akbar Rizvi and 3 others PLD 1985 Kar. 201,
Maharashtra State Board of Secondary and Higher Secondary Education v. Paritosh Bhupesh Kurmarsheth AIR 1984 SC 1543,
P.V. Mani and others v. Union of India AIR 1986 Ker. 86,
Indo-Foreign Import and Export Corporation v. Union of India ((1984) 55 Com. Cas. 224,
Dwarka Nath Prasad Atal v. Ram Rati Devi AIR 1980 SC 192,
B.V. Narayana Reddy v. State of Karnataka AIR 1985 Kar. 99,
Sultan Mawjee v. Federation of Pakistan Chamber of Commerce and Industry PLD 1982 SC 174,
Pathumma v. State of Kerala (1978) 2 SCC 1,
Man Singh v. State of Punjab (1985) 4 SCC 146,
Dr. (Mrs.) Sushma Sharma v. State of Rajasthan 1985 (Supp.) SCC 45
|
| Laws Involved |
Sindh Building Control Ordinance,
Constitution of Pakistan, 1973
|
| Sections |
6,
7,
21A,
185(3)
|