' MUSHIR ALAM, J.--- Grievance shown in the petition is that unauthorized construction is being raised by the respondent No,4 on plot No, C-45, SITE, Karachi inasmuch as compulsory open space has been covered.
2. The matter is fixed for regular hearing but none is present on behalf of the respondents.
3. It appears that raising of unauthorized construction was prima facie established by the inspection carried out under the orders of this Court on 6-10-2004. The Commissioner has given his detailed report on 23-10-2004. It appears that despite the' restraining orders the construction continued unabated. On 31-3-2005, it was contended that the unauthorized construction raised by respondent No,4 has been approved by S.I.T.E.. However, no such rules and regulations or bye-laws were shown to the Court under which authority has been conferred on SITE to regularize unauthorized construction. S.I.T..E was directed to file comments within 15 days together with the bye-laws and the approved building plan in respect of the above plot. It seems that the directions of the Court were ignored as none of the above has been filed.
4. Eventually, vide order dated 27-10-2006 the impugned illegal and unauthorized construction being raised by the respondent No,4 on the said plot was ordered to be attached.
5. We, therefore, see no reason to keep this petition pending indefinitely when the respondent No,4 has apparently not seriously contesting the same and the conduct of the regulating authority, i,e, SITE is also indifferent.
6. Under the circumstances, we would direct that the unauthorized construction raised against the approved building plan dated 9-1-2001 over the compulsory open space be demolished to the extent of violation.
7. Prima facie there is no material to show that SITE has any authority or jurisdiction to compound any violation of the building plan. Therefore, the subsequent permission dated 11-9-2004, being without lawful authority is not sustained.
8. The petition stands disposed of in above terms along with the pending applications.