| Case ID |
f5cb9711-6b28-460a-9464-6790da74efbb |
| Body |
View case body. Login to View |
| Case Number |
C.M.As. Nos.6200 and 6201 of 2003 in Civil Suit No |
| Decision Date |
Aug 19, 2004 |
| Hearing Date |
|
| Decision |
The court dismissed all applications filed by the plaintiffs seeking interim relief against the Karachi Building Control Authority (K.B.C.A.) from sealing their shops. The court found that the plaintiffs failed to establish a prima facie case, and the balance of inconvenience did not favor them. The plaintiffs had acquired shops in a project constructed in violation of the approved building plan. The court emphasized the importance of obtaining an occupancy certificate before occupying any premises, as mandated by the Sindh Building Control Ordinance, 1979. The court noted that the plaintiffs' claims were based on actions that contravened the law, which negated their right to seek relief. |
| Summary |
In the case concerning C.M.As. Nos.6200 and 6201 of 2003, the Sindh High Court addressed multiple applications pertaining to the sealing of shops owned by Muhammad Hanif and others against the Karachi Building Control Authority (K.B.C.A.). The plaintiffs contended that their shops were constructed according to the approved building plan and that the sealing action by K.B.C.A. was unjustified. The court analyzed the relevant laws under the Civil Procedure Code and the Sindh Building Control Ordinance, emphasizing the necessity of compliance with legal requirements, particularly the need for an occupancy certificate before occupying any building. The ruling highlighted the court's commitment to uphold public interest and legal compliance in construction and occupancy matters, thereby dismissing the plaintiffs' applications. This case underscores the critical need for adherence to building regulations, particularly in urban development contexts where unauthorized constructions can lead to legal complications. The emphasis on obtaining necessary approvals and certificates is crucial for ensuring lawful occupancy and protecting the rights of all parties involved. Keywords: Sindh High Court, Karachi Building Control Authority, occupancy certificate, building regulations, unauthorized construction. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi Metropolitan Corporation,
K.B.C.A.
|
| Judges |
MUSHIR ALAM, J
|
| Lawyers |
Shehanshah Hussain,
Rana Azeem,
Shahid Jamiluddin,
Abdul Wajid Wyne,
Mansur Ahmed
|
| Petitioners |
MUHAMMAD HANIF through Attorney and others
|
| Respondents |
KARACHI BUILDING CONTROL AUTHORITY through Chief Executive and another
|
| Citations |
2007 SLD 826,
2007 CLC 315
|
| Other Citations |
Muhammad Saleem and 5 others v. Administrator, Karachi Metropolitan Corporation, K.B.C.A. (K.M.C.), Karachi and 2 others 2000 SCMR 1748,
Muhammad Aslam Gatta v. K.B.C.A. 1998 MLD 544,
Asma Builders v. Government of Sindh 1999 CLC 326,
Muhammad Saleem v. Administrator K.M.C. 1998 CLC 952,
Jamil Ahmed v. K.B.C.A. 2001 MLD 1635
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Sindh Building Control Ordinance (XVII of 1979)
|
| Sections |
O.XXXIX,r.1,2,S.151,
6,
6(1),
6(2),
6(3),
7A,
19,
3(3)
|