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2008 YLR 2043

Khawaja MUHAMMAD RAFI and 7 others vs NAUMAN and 3 others

Citation2008 YLR 2043
CourtSindh High Court
Case No.Constitutional Petition No,D-1647 of 2005
Date2007-03-08
Judge(s)Mushir Alam, Mrs. Yasmeen Abbasey
ResultPetition dismissed

ORDER

1. ' Through instant petition, the petitioners have impugned the regularization of apartment building that was effected on 7-12-2007. First complaint of the unauthorized construction was purportedly made on 8-1-2005. It appears that the petitioners slept throughout the period of construction and when the building has been completed in all respects, 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.

2. 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; where the petitions are found without any just cause and result of some animosity, the same are dismissed with cost. Accordingly, the petition appears to be motivated which is dismissed together with the listed application with cost of Rs,5,000 to be deposited within one week, otherwise the petition may be fixed for due enforcement. Messrs Muhammad Ikram 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.

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