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2005 MLD 628

KARACHI CITIZENS RIGHT PROTECTION ASSOCIATION vs KARACHI BUILDING

Citation2005 MLD 628
CourtSindh High Court
Case No.C.P. No.D-184 of 2003
Date2004-10-06
Judge(s)Anwar Zaheer Jamali, Syed Zawwar Hussain Jaffery
ResultOrder accordingly

ORDER

1. ' Respondent No.10 is present in Court. She states that she has applied to the City District Government Karachi for conversion of her flat from residential to commercial and for this purpose she has also submitted application before Karachi Building Control Authority. Photocopies of documents produced by her are taken on record.

2. ' By this petition, petitioners have brought to the notice of this Court misuse of residential accommodations by respondents Nos.2 to 18, into commercial. Despite service of notice, none of these respondents has come forward to contest the matter, except respondent No.10, who did not dispute that the property in her possession is residential one. However, she has stated that she already moved to KBCA for conversion of property in her possession into commercial and has also paid necessary charges for this purpose.

3. Be that as it may as the assertion of the petitioners about misuse of residential accommodations by respondents Nos.2 to 18 into commercial has not been disputed and this position has also been conceded by respondent No.1 in their comments, we dispose of this petition with the observations that respondent No.1 shall perform its legal obligations strictly in accordance with law and in case of breach of any rules, regulations or bye-laws of Sindh Buildings Control Ordinance, 1979, etc. Prompt action shall be taken by respondent No.1 against the concerned respondents. In case the plot in possession of respondent No.10, which is otherwise residential, can be converted into commercial as per building bye-laws, her application may be considered and she may be informed accordingly. Compliance report be submitted within three months.

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