2010 PLP 1703 (YLR)
MUHAMMAD AYUB SHAIKH — Petitioner Versus CANTONMENT EXECUTIVE OFFICER and others — Respondents
| Citation | 2010 PLP 1703 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Mushir Alam and Aqeel Ahmed Abbasi, JJ |
| Parties | MUHAMMAD AYUB SHAIKH — Petitioner Versus CANTONMENT EXECUTIVE OFFICER and others — Respondents |
| Primary Law | Specific Relief Act (I of 1877) |
Q1: What are the key laws and sections cited in 2010 PLP 1703 (YLR)?
This judgment primarily cites: Specific Relief Act (I of 1877) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 1703 (YLR)?
The case was heard and decided by the Karachi bench comprising: Mushir Alam and Aqeel Ahmed Abbasi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 1703 (YLR) (MUHAMMAD AYUB SHAIKH — Petitioner Versus CANTONMENT EXECUTIVE OFFICER and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Muhammad Yousuf Advocate for Petitioner.
- Nazar Muhammad Jamali for Respondent No.1.
- M. Ahsan holds brief for Faisal Kamal for Respondent No.3.
- Nazir's reports dated 7-11-2009 and 22-12-2009 show that a mobile-phone tower has been erected on a residential plot with generator. Though it is reported that noise of generator apparently is not causing any disturbance but nevertheless in a residential area such activity is, indeed, questionable. Mr. Nazar Muhammad Jamali. Learned counsel. for respondent No.1, submits that when the permission was granted the area was not habitable, since now it is habitable. It was stated that in view of the pendency of the petition, no action was taken. It may be observed that the Regulatory Authority needs no permission to discharge and perform its functions in accordance with law and action as may be warranted, may be initiated. Office is directed to fix all petitions questioning installation of cell phone towers on the same date and before the same Bench. Let needful be done within three weeks.
Headnotes / Summary
Ss. 54 & 55
Suit for prohibition
Mobile phone tower as per Nazir's report, had been erected on a residential plot with generator
Nazir had reported that noise of generator apparently was not causing any disturbance, but in a residential area such activity was questionable
Counsel for the defendant had submitted that when the permission was granted, the area was not habitable, but later on it become habitable
Regulatory Authority needed no permission to discharge and perform its functions in accordance with law and action as could be warranted, could be initiated
Office was directed to fix all petitions questioning installation of cell phone towers on the same date and before the same Bench and needful should be done within three weeks.
Judgment & Decree
Nazir's reports dated 7-11-2009 and 22-12-2009 show that a mobile-phone tower has been erected on a residential plot with generator. Though it is reported that noise of generator apparently is not causing any disturbance but nevertheless in a residential area such activity is, indeed, questionable. Mr. Nazar Muhammad Jamali. Learned counsel. for respondent No.1, submits that when the permission was granted the area was not habitable, since now it is habitable. It was stated that in view of the pendency of the petition, no action was taken. It may be observed that the Regulatory Authority needs no permission to discharge and perform its functions in accordance with law and action as may be warranted, may be initiated. Office is directed to fix all petitions questioning installation of cell phone towers on the same date and before the same Bench. Let needful be done within three weeks. H.B.T./M-72/K Order accordingly.