2005 PLP 628 (MLD)
KARACHI CITIZENS RIGHT PROTECTION ASSOCIATION — Petitioner Versus KARACHI BUILDING CONTROL AUTHORITY and others — Respondents
| Citation | 2005 PLP 628 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | KARACHI CITIZENS RIGHT PROTECTION ASSOCIATION — Petitioner Versus KARACHI BUILDING CONTROL AUTHORITY and others — Respondents |
| Primary Law | Sindh Buildings Control Ordinance (V of 1979) |
Q1: What are the key laws and sections cited in 2005 PLP 628 (MLD)?
This judgment primarily cites: Sindh Buildings Control Ordinance (V of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 628 (MLD)?
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: 2005 PLP 628 (MLD) (KARACHI CITIZENS RIGHT PROTECTION ASSOCIATION — Petitioner Versus KARACHI BUILDING CONTROL AUTHORITY and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Sharif and Naeemur Rahman for Petitioner.
- Ahmed Pirzada, A.A.-G. Sindh for Respondent.
Headnotes / Summary
Karachi Development Authority Order. [5 of 1957] Preamble
Constitution of Pakistan (1973), Art. 199
Constitutional petition
Conversion of residential accommodation into commercial
Petitioners had alleged that respondents were misusing their residential accommodation into commercial
One of the respondents who did not dispute that property in question was residential one, had stated that she had moved Karachi Building Control Authority for conversion of property in her possession into commercial one
Assertion of petitioners about misuse of residential property into commercial having not been disputed, Karachi Building Control Authority was directed to perform its legal obligation strictly in accordance with law
In case of breach of any rules, regulations or bye-laws of Sindh Buildings Control Ordinance, 1979, etc. prompt action had to be taken by the Authority against the respondents
In case plot in possession of respondents which was residential, could be converted into commercial as per building bye-laws and application filed in that respect could be considered.
Judgment & Decree
Respondent No.10 is present in Court. She states that she has applied to the City District Government Karachi for conversion of her flat from residential to commercial and for this purpose she has also submitted application before Karachi Building Control Authority. Photocopies of documents produced by her are taken on record. By this petition, petitioners have brought to the notice of this Court misuse of residential accommodations by respondents Nos.2 to 18, into commercial. Despite service of notice, none of these respondents has come forward to contest the matter, except respondent No.10, who did not dispute that the property in her possession is residential one. However, she has stated that she already moved to KBCA for conversion of property in her possession into commercial and has also paid necessary charges for this purpose. Be that as it may as the assertion of the petitioners about misuse of residential accommodations by respondents Nos.2 to 18 into commercial has not been disputed and this position has also been conceded by respondent No.1 in their comments, we dispose of this petition with the observations that respondent No.1 shall perform its legal obligations strictly in accordance with law and in case of breach of any rules, regulations or bye-laws of Sindh Buildings Control Ordinance, 1979, etc. prompt action shall be taken by respondent No.1 against the concerned respondents. In case the plot in possession of respondent No.10, which is otherwise residential, can be converted into commercial as per building bye-laws, her application may be considered and she may be informed accordingly. Compliance report be submitted within three months. H.B.T./K-48/K Order accordingly.