Removal of construction
Removal of construction legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Constitutional petition was filed on the ground that the respondent had illegally constructed multi-storeyed building on his property without there being properly approved building plan and map
Validity
Building was raised without there being any approved map or building plan, which fact was endorsed by the provincial building control authority
No lease could be granted to respondent simply on the ground that some other buildings were also constructed in the area which did not have proper map or building plan
Building control authority was directed to demolish the unlawful construction raised on the building and also get the utility services of the building disconnected
Constitutional petition was disposed of accordingly.
Petitioners were employees of Karachi Water and Sewerage Board who had raised constructions over land owned by the Board
Grievance of petitioner was that authorities had demolished their constructions raised over the land allotted to them
Validity
Original allottees raised some construction on plots allotted to them from their meagre earnings and they were liable to be compensated by the Board in such behalf
Original allottees, to whom Karachi Water and Sewerage Board with the connivance of other respondents were adamant to remove, could not ask to be compensated with regard to price of land, as the land did not belong to original allottees and it belonged to the Board
Original allottees were only entitled for compensation in respect of whatever construction had been raised by them
High Court directed the authorities to compensate original allottees by paying them amount of cost of construction as per current government rates of cost of construction, as per designated category
Petition was disposed of accordingly.
"Removal of construction", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124946743
Precedents & Case Laws citing "Removal of construction"
2011 M L D 21
EBRAHIM A. MERCHANT — Petitioner Versus CITY DISTRICT GOVERNMENT KARACHI through District Coordination Officer and another — Respondents
Court: Karachi1987 C L C 2126
Rana FARYAD AHMAD KHAN‑‑Plaintiff Versus KARACHI METROPOLITAN CORPORATION and 3 others‑‑Defendants
Court: Karachi1985 P Cr
Mrs. GUL‑‑Petitioner Versus MUNICIPAL COMMITTEE and others‑‑Respondents
Court: Peshawar1996 S C M R 1823
Mst. SHARMAN BIBI and another‑‑‑Appellants Versus ALLAH BAKHSH‑‑‑Respondent
Court: Supreme Court of Pakistan1989 M L D 92
AKBAR ALI and others‑‑Petitioners Versus MUHAMMAD SABIR‑‑Respondent
Court: Lahore1999 Y L R 1970
MUHAMMAD FAROOQ and others‑‑‑Petitioners Versus Lt.‑Col. IRFAN HAIDER and others‑‑‑Respondents
Court: Lahore2002 Y L R 2073
MUHAMMAD RAFIQ ALLAH RAKHA‑‑Plaintiff Versus GOVERNMENT OF SINDH and others‑‑‑Defendants
Court: Karachi2022 Y L R 1448
Dr. PERVAIZ MEHMOOD HASHMI — Petitioner Versus SINDH BUILDING CONTROL AUTHORITY through Director General and 3 others — Respondents
Court: Sindh2003 S C M R 1840
ASHIQ HUSSAIN SHAH — Petitioner Versus PROVINCE OF PUNJAB through Collector District, Attock and 6 others — Respondents
Court: Supreme Court of PakistanP L D 1988 Peshawar 88
NOOR MUHAMMAD‑‑Petitioner Versus ADDITIONAL DISTRICT JUDGE NOWSHERA and 4 others‑‑Respondents
Court: ‑‑‑Ss.4 & 17‑‑North‑West Frontier Province Public Property (Removal of Encroachment) Rules, 1981, R.4(2)‑‑Vires of R.4(2) of 1981 Rules---Rules 4(2) of North‑-West Frontier Province, Public Property (Removal of Encroachment) Rules, 1981, wherein it is provided that when it found that property in respect of which order of demolition had be passed was not public property or lease or licence had not bee 'determined, the case was to be referred to Tribunal, held, was n only violative of and 'made without any sanction of law but also inconsistent with provisions of Act V of 1977. Vires of statute.