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1989 SCMR 1121

LAHORE MUNICIPAL CORPORATION vs AKBAR ALI AKHTAR and another

Citation1989 SCMR 1121
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,734 of 1985
Date1989-03-29
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultLeave refused

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.-- After hearing the learned counsel in support of this petition we do not consider it necessary to grant leave to appeal, as in our view, in the circumstances of the case, the petitioner has been allowed sufficiently effective relief in the last paragraph (No,4) of the impugned judgment.

2. ' When properly understood the said part of the judgment means that the declaration and other reliefs granted to the respondents, are subject to the following provisos:--

(1) "The decree shall not protect the unauthorised structure raised by the plaintiff-respondents.

(2) They shall obtain a sanction of the competent authority before raising any structure and

(3) The Lahore Municipal Corporation will be competent to demolish the unauthorised structure in accordance with law."

3. ' In the light of what is stated above leave to appeal, with the foregoing observations, is refused.

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