1. ' The grievance of the petitioner is that he constructed a building at Sehwan after obtaining sanction from the Local Government i,e, respondent No,6. The respondent No,7 submitted an application to the Additional Chief Secretary, Local Government, Government of Sindh, Karachi raising objection to the erection of building. The matter was agitated before Town Planning Department, Government of Sindh, Hyderabad as well as and the Director, Government of Sindh, Town Planning Department asked the District Coordination Officer, Dadu to look into the matter and get settled the above issue at its personal level under intimation to the Town Planning Department.
2. The application addressed to the Additional Chief Secretary, Local Government was treated as appeal by the Additional Chief Secretary and vide order dated 10-12-2004. The building plan dated 3-9-2003 issued by Taluka Municipal Officer, Sehwan was cancelled holding that he has no statutory status and authority to issue building plan. It was further directed that under section 14 of Sindh Buildings Control Ordinance, 1979 the building was declared dangerous and it may be reduced to ground plus one level. The Taluka Municipal Officer, Sehwan who issued the building plan was put under suspension.
3. ' Learned counsel for the petitioner has submitted that the building plan was issued under the provisions of Sindh Local Government Ordinance, 2001 and anybody aggrieved from the said order could file an appeal before the competent authority under section 190 of the said Ordinance. He has submitted that the Additional Chief Secretary has no jurisdiction to treat an application submitted to him complaining about the building plan issued by T.M.O., Taluka, Municipal Office, Sehwan as appeal and pass the impugned order. It is contended that the impugned order passed by the Additional Chief Secretary being without jurisdiction is liable to be struck down.
4. The learned Additional Advocate-General Masood A. Noorani has candidly conceded that the building plan was issued under the provisions of Sindh Local Government Ordinance, 2001 and any person aggrieved could pursue his grievance in accordance with the mechanism provided in the Ordinance. 'However, Mr. Noorani stated that in the Province of Punjab a forum empowered to hear the appeals has been established while in Province of Sindh no such authority has been notified so far, with the result that the aggrieved person may approach the High Court under Article 199 of the Constitution. In any case, he has not denied the contention of learned counsel for petitioner that the impugned order is without jurisdiction and not maintainable in law.
5. ' For, the foregoing reasons the impugned order, dated 2-12-2004 passed by Additional Chief Secretary, Local Government, Katchy Abadis and Special Development Department, Karachi is hereby declared to be without jurisdiction, illegal and is hereby struck down. The respondents Nos.2 to 7 are hereby restrained from taking any action under the impugned order.
6. ' The petition ds disposed of in the above terms along with the listed application.