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2009 CLD 710

Mst. GHAZALA HASSAN and another vs CITY DISTRICT GOVERNMENT, KARACHI

Citation2009 CLD 710
CourtSindh High Court
Case No.Constitutional Petitions Nos.D-1259, 1443, 1126, 1255 of 2007 and 1906 of
Date2007-12-07
Judge(s)Munib Ahmed Khan, Rana Muhammad Shamim
ResultPetitions disposed of

ORDER

1. ' After hearing the petitioners and their counsel as well as the respondents and their counsel, it appears that the serious factual controversy is involved and several questions of public safety and tranquility vis-a-vis location and use of C.N.G. Filling stations are being raised in these petitions.

2. The respondents at the first hand have submitted that operation of the C.N.G. Pump is being controlled and granted under three laws i,e, Ordinance XVII of 2002, which is known as Oil and Gas Regulatory Ordinance, 2002, Compressed Natwal Gas (C.N.G.) (Production and Marketing) Rules, 1992, made under Regulation of Mines and Oil Fields and Mineral Development (Government Controlled) Act, 1948 (XXIV of 1948) and Karachi Building and Town Planning Regulations, 2002. They submit that the OGRA Law and KB and TPR, 2002 provide proper byelaws for redress of the grievance but the petitioners have not approached these authorities against grant of licence and permission to run C.N.G. Station. They further submit that prior to choosing of sites matter was publicized for objections, if any, but in the absence of objections, the matter proceeded and firstly licence for site was granted then site was approved by the City District Government Karachi under Town Planning Regulations and thereafter licence t9 run the C.N.G. Stations were granted. Learned counsel for the City District Government Karachi has also conceded to the above position and stated that the City District Government Karachi has issued no objection after completing all formalities as per Karachi Building and Town Planning Regulations, 2002.

3. On the other hand the petitioners have submitted that the question involved in these petitions is of public safety as running of C.N.G. Stations will be injurious to health and even some of the stations are being permitted in the residential areas while one is in a commercial area (in C.P.No,1255 of 2007).

4. Learned D.A.G. Has contended that according to the OGRA licence, the C.N.G. Stations cannot be installed in a residential area and as fare as grant of the same in commercial area it can be granted after taking into consideration the safety of the people.

5. It is being noted that these petitions are coming for hearing since long and we have also heard these petitions on some occasions and now keeping in view the technicalities as well as questions of technical expertise, we are of the opinion that the petitioners may approach the competent authorities under OGRA Ordinance, 2002 as well as under the Karachi Building and Town Planning Regulations, 2002 and submit their grievance within a period of seven days and these authorities are directed to give their decisions on these appeals/ representations within a period of 30 days.

6. The authorities concerned will decide the issues keeping in view uniform policy prevailing in the country and also keeping in view the interests of the people in the surrounding as well as keeping in mind the precautions and measures to be adopted.

7. It is further submitted by the petitioners and their counsel that their appeals/representations may not be subject to limitation of time, therefore, it is directed that the question of limitation, keeping in view the public safety and tranquility as well as filing of petition before this Court, will not be a bar and to authorities concerned to hear the grievance of the petitioners.

8. ' With the above observations, all these 5 petitions are disposed of. It is further being directed that for seven days from the date of this order, parties will maintain status quo and the petitioners may obtain restraining order thereafter, from the authorities concerned for onward period.

Cited by 1 case

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