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2010 SCMR 1215

MUHAMMAD vs KARACHI BUILDING CONTROL AUTHORITY and others

Citation2010 SCMR 1215
CourtSupreme Court of Pakistan
Judge(s)Sarmad Jalal Osmany, Syed Zawwar Hussain Jaffery, Muhammad Moosa
ResultLeave refused

' SARMAD JALAL OSMANY, J.--- Mr. Ghulam Qadir Jatoi, learned Advocate-on-Record for the petitioner submits that in the impugned order passed in C.P.L.A. No,D-1277 of 2006 by the learned Sindh High Court on 19-3-2008, it was directed that the unauthorized and illegal building should be demolished by the Karachi Building Control Authority (K.B.C.A.) and all concerned departments as well as Town Police Officer, Lyari Town, were further directed to provide necessary assistance, so that there should be no hindrance towards demolishing of the building in question. According to Mr. Jatoi, learned Advocate-on-Record, now instead of complying with the orders of the learned Division Bench, the K.B.C.A. Has started sending notices to the petitioner as to why the alleged illegal construction, in which he lives, should not be demolished in accordance with the rules and regulations. Hence, learned Advocate on Record submits that in fact the K.B.C.A. Has treated the petitioner malafidely and maliciously for having filed C.P.L.A. D-1277 of 2006.

2. In reply, Mr. Shahid Jameel, Legal Advisor, appearing for K.B.C.A. Says that the 4th floor of the building in question has been constructed unlawfully without any approved building plan etc. And hence the K.B.C.A. Has issued notices to the occupants of the 4th floor to show cause, why the same should not be demolished. According to him, there is no question of any discrimination and no one is being treated unlawfully.

3. We have heard both the learned counsel. In our opinion, no one can object if a particular Government Agency is doing any action in accordance with law. Hence, while refusing leave to appeal, we direct the K.B.C.A. To act strictly in accordance with rules and regulations while dealing with the petitioner and others, who stand on the same footing.

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