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2005 MLD 619

SA'ADAT RIZVI vs ANJUMAN-E-FALAH-E-ITTIHAD and others

Citation2005 MLD 619
CourtSindh High Court
Case No.C.P. No.2760 of 1993
Date2004-09-29
Judge(s)Khilji Arif Hussain, Sabihuddin Ahmed
ResultPetition allowed

ORDER

1. Petitioner's grievance appears to be that the respondents Nos.1, 2 and 4 have allowed encroachment upon a public road and enabled construction of shops and offices on such encroached area, which has caused a great deal of traffic congestion, pollution and other hygienic problems.

2. The factum of encroachment and construction of shops and offices upon public road has not been disputed by the respondents. The respondent No.2, however, in their parawise comments have, while admitting that encroachments have caused insanitation besides traffic congestion stated that some of them have been removed. It is further contended that the Minister for Local Besides, Sindh, allowed the request of a number of people for raising shops in the area. The learned A.A.-G.

3. However, candidly conceded that only such directions of the Minister would be binding upon the respondent No.2 which were in accordance with law and not otherwise.

4. ' In the circumstances we would allow this petition to the extent of holding that any construction raised in violation of the requirements of law would be invalid and would direct the respondent No.2 to take appropriate measure for removal of encroachments strictly in accordance with law, after notice to all concerned.

5. ' The compliance report to be submitted within three months.

6. ' With the above observations the petition stands disposed of.

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