2008 PLP 606 (CLC)
Khawaja MUHAMMAD RAFI and 7 others — Petitioners Versus NAUMAN and 3 others — Respondents
| Citation | 2008 PLP 606 (CLC) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | Khawaja MUHAMMAD RAFI and 7 others — Petitioners Versus NAUMAN and 3 others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2008 PLP 606 (CLC)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 606 (CLC)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 606 (CLC) (Khawaja MUHAMMAD RAFI and 7 others — Petitioners Versus NAUMAN and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Art. 199
Petitioners had impugned the regularization of apartment building that was effected on 7-12-2004
First complaint of alleged unauthorized construction was made on 8-1-2005
Petitioners slept throughout the period of construction and when the building had been completed in all respects, the regularization for ground plus two floors only for the residential purpose had been approved and possession had been handed over
Counsel for the petitioners had not been able to explain the laches and delay in approaching the court
High Court declined to interfere in exercise of constitutional jurisdiction.
Judgment & Decree
Through instant petition, the petitioners have impugned the regularization of apartment building that was effected on 7-12-2004. First complaint of the unauthorized construction purportedly made on 8-1-2005. It appears that the petitioners slept throughout the period of construction and when the building has been completed in all respects, the regularization for ground plus two floors only for the residential purpose has been approved and possession has been handed over. Learned counsel for the petitioners has not been able to explain the laches and delay in approaching the Court. Accordingly, we decline to interference in exercise of writ jurisdiction. In case, where the violation is found invariably demolition and removal of unauthorized construction is made and like-wise where the petitions are found without any just cause and result of some animosity, the same are dismissed with cost. Accordingly, the petition appears to be motivated which is dismissed together with the listed application with cost of Rs.5,000 to be deposited within one week, otherwise the petition may be fixed for due enforcement. Messrs. Muhammad Ikram Siddiqui, Manzoor Ahmed, Dilawar Hussain and Sarwar Khan, learned counsel submit that the direction may be given to the petitioners to deposit said cost in the High Court Bar Library Fund within specified period. Order accordingly. H.B.T./M-13/K Petition dismissed.