2008 PLP 538 (CLC)
ZULFIQAR ALI SULEHRIA — Petitioner Versus KARACHI BUILDING CONTROL AUTHORITY through Chief Controller — Respondent
| Citation | 2008 PLP 538 (CLC) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | ZULFIQAR ALI SULEHRIA — Petitioner Versus KARACHI BUILDING CONTROL AUTHORITY through Chief Controller — Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2008 PLP 538 (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 538 (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 538 (CLC) (ZULFIQAR ALI SULEHRIA — Petitioner Versus KARACHI BUILDING CONTROL AUTHORITY through Chief Controller — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Jamil Ahmed Virk for Petitioner.
Headnotes / Summary
Art. 199
Constitutional petition
Construction of building according to approved plan
Approval to construct fourth floor
Petitioner had claimed that at the time when the approval for said floor was sought, requisite documents of structural design and other details were fully furnished to the Authority by the petitioner
Petitioner had alleged that when construction of the floor was going on, officials of the Authority sealed the premises without any prior notice on the ground that approval of the floor was withdrawn
Petitioner had contended that he was neither served with any show-cause notice nor was heard and impugned action of sealing besides the withdrawal of approval of the floor by the Authority, was without lawful authority
Petitioner also undertook to file further documents as petition had been filed in haste due to element of urgency
Held, petitioner could file all such documents and Authority was restrained from taking any demolition action against the petitioner's construction on the said floor and petitioner would also not raise any further construction on the said floor.
Judgment & Decree
1. Granted.
2. Granted subject to all just exceptions. 3-4. It has been contended by the learned counsel for the petitioner that the K.B.C.A. had approved the plan of the petitioner for ground plus three. After completion the petitioner approached the K.B.C.A. with the request to approve the plan for 4th floor. The K.B.C.A. on 21-6-2005 approved the plan for 4th floor after the petitioner has complied with the requisite formalities. It is submitted that at the time when the approval for fourth floor was sought requisite documents of structural design and other details were fully furnished to K.B.C.A. by the petitioner. However, on 22-3-2006 when the construction on the 4th floor was going on, the K.B.C.A. officials visited the site and sealed the premises without any prior notice of sealing. The learned counsel further submitted that on 29-3-2006 the petitioner received a letter from K.B.C.A. by which the approval of 4th floor was withdrawn. He submits that before receipt of the letter the petitioner was neither served with any show-cause notice nor was heard and impugned action of sealing besides the withdrawal of approval of 4th floor by the K.B.C.A. was without lawful authority. The learned counsel undertakes to file further documents as the present petition has been filed in haste due to element of urgency. The petitioner may file all such documents, which are relevant for the purpose of adjudication of the proceedings before the next date. In the meantime, issue notice to the respondent for 7-4-2006. Till then the respondent is restrained from taking any demolition action against the petitioner's construction on the 4th floor. At the same time the petitioner shall not raise any further construction on the 4th floor. Nazir is appointed Commissioner to visit the site with the petitioner and report the stage of construction on the 4th floor within three days from the date of receipt of order. Nazir shall also issue notice to the K.B.C.A. and an officer of K.B.C.A. shall be present during the proposed inspection. Nazir's fee fixed at Rs.4,000 which shall be paid by the petitioner directly to him. H.B.T./Z-2/K Order accordingly.