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2008 C.L.R. 549

Khawaja Muhammad Rafi & 7 others vs Nauman & 3 others

Citation2008 C.L.R. 549
CourtSindh High Court
Case No.Constitutional Petition No. D-1647 of 2005
Date2007-03-08
Judge(s)Mushir Alam, Mrs. Yasmeen Abbasey
ResultOrder accordingly

ORDER

1. Through instant petition, the petitioners have impugned the regularization of apartment building that was effected on 07.12.2007. First complaint of the unauthorized construction purportedly made on 08.01.2005. It appears that the petitioners slept throughout the period of construction and when the building has been completed in all respect, the regularization for ground plus two floors only for the residential purpose and possession has been handed over. Learned counsel for the petitioners has not been able to explain the laches and delay in approaching the Court. Accordingly, we decline to interfere in exercise of writ jurisdiction. In case, where the violation is found invariably demolition and removal of unauthorized construction and like, is made wise where the petitions are found without any just cause and result of some animosity, the same are dismissed with cost.

2. Accordingly, the petition appears to be motivated which is dismissed together with the list application with cost of Rs. 5,000/- to be deposited within one week, otherwise the petition may be fixed for due enforcement. Messrs Muhammad lkram Siddiqui, Manzoor Ahmad, Dilawar Hussain and Sarwar Khan, learned counsel submit that the direction may be given to the petitioners to deposit said cost in the High Court Bar Library Fund within specified period. . revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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