1. ' We have heard the learned counsel. The grievances of the petitioners in these petitions are common. Such are petitions, either by affectees of allegedly unauthorised and illegal constructions in the vicinity of the Quaid's Mausoleum or brought pro bono publico. It is maintained that in some of these cases the relevant builders have raised constructions without approved plans, in others the conditionality's of the approved plans have blatantly been transgressed and in some various instructions, rules and laws, such as maintaining certain (maximum) heights of structures in the vicinity of the Quaid-e-Azam's Maur have been manifestly, violated. The K.B.C.A. Has come up with comments and have supported the petitioners. It is, however, maintained from the side of the K.B.C.A. That necessary assistance at the level of the administration and in particular the concerned S.D.M. And the police is not being provided. It has further been stated that other agencies, catering to various utilities such as the K.E.S.C. KW. & S.B., the Sui Southern Gas Company etc. Have been making available such utilities without ensuring the existence of lawful approved plans or compliance of the conditionality's of such plans. None of this is permissible to a public body. They are required by law to act in unison within the framework of their respective charters and regulations. Besides, it is the duty of the Administration. Including the S.D.M. And the police force to render such assistance as may be required by the K.B.C.A. Any non-compliance can be brought to the notice of the concerned Sessions Judge on the administrative side or even to this Court in case of inaction or inadequate action at that level.
2. ' However, some questions have been raised from the side of the such of private respondents as have appeared, which can only be dealt with at the level of the K.B.C.A. The rest of the private respondents are either absent or otherwise non-available. At any event, no order prejudicial to any private interest is in contemplation at this stage. In the circumstances and recording the foregoing, we dispose of these petitions and require the K.B.C.A. To hear the relevant builders by issuance of necessary notices to them as also to the petitioners for a date to be fixed within the next ten (10) days. Hearing being thus, accorded at the level of the KBCA., speaking orders would be passed by that local authority, within a month's time and if implementation thereof becomes necessary adequate police aid and necessary supervision by the concerned S.D.M. Would be provided. It is, however, added by the learned counsel for the petitioners that in such cases the wrongdoers promptly approach Civil Courts at the level of the Districts. There, it is claimed, ad interim orders are passed, which continue indefinitely. Some such statement, though in more guarded language, is also made in relation to suits instituted on the original side of this Court. Where-ever ex facie illegal structures come to be confronted in proceedings, in all such or connected matters, the concerned Courts should be cautious enough to ensure that no one is allowed an equitable relief, where equities do not in his or her favour and besides such cases are dealt with and disposed of promptly and on priority basis.
3. ' Let the Registrar circulate a copy of this order in an appropriate manner.
4. ' Having said as much, we would also expect the relevant agencies, including the KBCA., KESC., KW & SB., and the Sui Southern Gas Company etc. To strictly act within the parameters of law and the rules, which govern them and be watchful all the time that no unlawful construction activity is encouraged, tacitly or otherwise, in the way of unlawful acts of commission or omission.
5. ' At this stage, Mr. Naimur Rehman for the petitioners says that, till such time as final ord6rs are passed at the level of the KBCA, the interim orders operating in these petitions may be allowed to continue. This is only just and fair and the suggestion is duly acceded to.