2008 PLP 2043 (YLR)
Khawaja MUHAMMAD RAFI and 7 others — Petitioners Versus NAUMAN and 3 others — Respondents
| Citation | 2008 PLP 2043 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Mushir Alam and Mrs. Yasmin Abbasey, JJ |
| 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 2043 (YLR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 2043 (YLR)?
The case was heard and decided by the Karachi bench comprising: Mushir Alam and Mrs. Yasmin Abbasey, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 2043 (YLR) (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
Representation
- Muhammad Iqbal Khanzada for Petitioner.
- Manzoor Ahmad for Respondents.
- Sarwar Khan, Additional Advocate-General.
Headnotes / Summary
Art. 199
Constitutional petition
Unauthorized construction--Regularization of
Petitioners/ complainant had impugned the regularization of building in question which allegedly was constructed unauthorizedly
Petitioners slept throughout the period of construction and when the building had been completed in all respects, and after regularization for ground plus two floors only for the residential purposes, possession of the building had been handed over
Counsel for the petitioners had not been able to explain the laches and delay in approaching the court to object such construction
High Court declined to interfere in the matter in exercise of its constitutional jurisdiction
Petition which was without any just cause and result of some animosity, was dismissed with costs. Sarwar Khan, Additional Advocate-General.
Judgment & Decree
Through instant petition, the petitioners have impugned the regularization of apartment building that was effected on 7-12-2007. First complaint of the unauthorized construction was pur portedly 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 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 interfere in exercise of writ jurisdiction. In case, where the violation is found invariably demolition and removal of unauthorized construction and like, is made; 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 Ahmad, 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. H.B.T./M-65/K Petition dismissed.