Easement right

2016 PLD 598 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Reglns. 3 to 3.2Sindh Local Government Ordinance (XXVII of 2001), S.40(a)Easements Act (V of 1882), S.35Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2Easement rightScopeApplication for temporary injunctionConversion of residential property into commercialPlaintiff sought injunction to restrain the defendant from converting his residential property into commercialPlea of easementory right

Right of easement though was recognized right in law, but such right nowhere brought a permanent full stop over the use of ownership over one's own property

Ownership was required to be exercised in the manner so as to avoid certain prejudice to the right of immediate neighbours, such as light, air, etc.

Plaintiff's grievance was related to her right of easement likely to result form the illegalities/irregularities due to approval of the project in question

Project in question was still at initial stage with the clear undertaking of defendant that no violation or departure would be carried out, and the construction of the project/plot would continue strictly in accordance with the rules, procedure and approval thereof

Defendant had specifically claimed the conversion of the plot from residential into commercial under the legal resolution confirmed by the notification issued by the City District Government under S.40(a) of Sindh Local Government Ordinance, 2001

Authorities had affirmed that the defendant had obtained all the requisite approval from the concerned quarters, and that the commercial plan was with reference to the Reglns. 3 to 3.2 of Karachi Building and Town Planning Regulations, 2002

Plaintiff, in respect to her easement right, would have to prove with reference to structure of the project, acts and omissions of the defendant in completing the structure thereof, which prima facie appeared to be questions of facts and law involved in the case requiring evidence

Injunctive relief was also obtainable in case of invasion of civil right in the nature of tort, but the person seeking injunction must make out a case of actual or threatened violation of his/her right

Injunctive relief would be granted only if the plaintiff succeeded in establishing co-existence of all the three ingredients prima facie case, balance of inconvenience and irreparable injury

Application under O.XXXIX, Rr. 1 & 2, C.P.C. was dismissed in circumstances.

2013 PLD 60 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Easement rightPublic road and Government landErection of wall on such road/land for security purposes by owners of adjoining propertiesValidity

Such wall could not be erected on such road/land, rather such owners for ensuring their safety ought to erect wall on their own land.