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1993 MLD 1862

ADIL JAFFAR and another vs Mrs. FARIDA MUHAMMAD ALI and 2 others

Citation1993 MLD 1862
CourtSindh High Court
Case No.C.P. No,251 of 1990
Date1992-06-03
Judge(s)Nasir Aslam Zahid
ResultOrder accordingly

1. ' It is informed by Mr. Mahfooz Yar Khan that Mr. S.M. Kizilbash, Advocate for respondent No, 2 KBCA had come earlier in the morning, but now he is not present. It is also stated that the main dispute is between the petitioner and respondents 1 and 3.

2. Mr. Mahfooz Yar Khan, learned counsel for respondents 1 and 3 has given in writing that this petition may be allowed as prayed. Mr. Mahfooz Yar Khan further points out that in his Vakalatnama given to him by Respondents 1 and 3, he has specific powers to compromise the matter. Statement of learned counsel for Respondents 1 and 3 is taken on record. In the circumstances, this petition is allowed and the following prayers made by thelA petitioner in this Constitutional Petition are allowed:--- "(a) Restrain respondent No,1 (respondent No, 3), her servant employee, agents or any person acting through or under her from raising further construction on the said Plot D-144 and/or handing over possession of the constructions or any part thereof to any person, body or organisation whether incorporated or not.

(b) Direct that respondent No,1 (respondent No, 3) demolish all illegal constructions already raised on the said Plot D-144 i.e. there being no basement which has been erected in accordance with the plan approved by respondent No,2 and, therefore, all constructions have become illegally erected, at least the 2nd floor, since only ground plus one is allowed.

(c) Order that respondent No,2 should exercise its statutory powers, duties, under the Sindh Building Control Ordinance, 1979 and all bye-laws and Rules thereunder and enforce the vis-a-vis, the constructions already carried out, being carried out and which are to be carried out on the said Plot D-144 by respondent No,1 (respondent No, 3) and to take steps to demolish all the illegal constructions which have been made or which may be made hereafter by respondent No,1 on the said Plot D-144."

3. ' There will be no order as to the costs.

Cited by 1 case

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