2010 PLP 119 (YLR)
MEHFOOZ YAR KHAN — Petitioner Versus KARACHI BUILDING CONTROL AUTHORITY, KARACHI and another — Respondents
| Citation | 2010 PLP 119 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Munib Ahmad Khan and Pir Ali Shah, JJ |
| Parties | MEHFOOZ YAR KHAN — Petitioner Versus KARACHI BUILDING CONTROL AUTHORITY, KARACHI and another — Respondents |
| Primary Law | Karachi Building Control Authority Regulations |
Q1: What are the key laws and sections cited in 2010 PLP 119 (YLR)?
This judgment primarily cites: Karachi Building Control Authority Regulations as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 119 (YLR)?
The case was heard and decided by the Karachi bench comprising: Munib Ahmad Khan and Pir Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 119 (YLR) (MEHFOOZ YAR KHAN — Petitioner Versus KARACHI BUILDING CONTROL AUTHORITY, KARACHI and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Manzoor Ahmed, Rehman Aziz Malik for Respondent.
- Shahid Jamil-ud-Din for Respondent.
Headnotes / Summary
Regln. 3-2-21-1 (b)
Constitution of Pakistan (1973), Art.199
Constitutional petition
Conversion of residential flat into commercial one
Conversion in question had been challenged on the ground that entire project was for residential purpose and use of said flat as commercial one was causing severe hindrance in all respects including privacy
Counsel for the respondents had submitted that plot in question had been regularized under Regulations 3-2-21-1(b) of Karachi Building Control Authority Regulations
City District Government had incorrectly acted upon the law of Karachi Building Control Authority as City District Government had no power to act under said Regularization
In the present case, entire nature of use had been changed which was causing injuries to the residents thereof, which could not be permitted
Permission granted by City District Government for commercial use of flat in question, being not legal, same was recalled
Petition was allowed to the extent that said flat would be used for residential purposes. Petitioner in person. Abdul Rehman, Amicus Curiae.
Judgment & Decree
The question involved in this petition is for use of Flat No.A-1, 1B Apartment, Block-S, Clifton, Karachi for commercial purpose. The petitioner has challenged the same on the ground that entire project is for residential purpose while use of this flat is causing severe hindrance in all respect, including privacy. Mr. Rehman Aziz Malik submits that the flat has been regularized under Regulations No.3-2-21-1(b) from residential to commercial and that has been done by Master Plan Department CDGK and since the CDGK has acted under the law which is exclusively for the KBCZ, therefore, for the purpose of interpretation of that law Amicus Curiae Mr. Abdul Rehman was required to assist the court. After hearing the arguments, it appears that CDGK has incorrectly acted under the law of KBCA. Mr. Manzoor Ahmed candidly submits that CDGK itself is considering the matter and to do away regularization, while Mr. Shahid Jamiluddin submits that CDGK has no power to act under KBCA regularization. Mr. Abdul Rehman Amicus Curiae submits that basic violation has been done, as the regularization pointed out under the above regularization cannot be taken towards change of use and at the most it can be helpful towards change of slight use but in the instant matter entire nature of the use has been changed which is causing injuries to the residents therefore, it cannot be permitted. Mr. Rehman Aziz Malik submits that although the flat has been regularized for commercial purposes but it was used for commercial purpose for some time but after injunction order it has not been used and lying vacant. He further submits that even under sub-lease he can use such flat for any purpose. The contention of the learned counsel has no force as apparently the submission of learned counsel for CDGK and KBCA as well as Amicus Curiae seems to be correct as the change of use can only be permitted by MPGO under SLGO, while CDGK has illegally resorted to the KBCA regularization to which it has no power. In such a situation, the permission granted by CDGK for commercial use of Flat A-1 is not legal and is recalled. The petition is allowed to the extent that the said flat is used for residential purposes. H.B.T./M-139/K Petition allowed.