2009 CLC 950 KARACHI-HIGH-COURT-SINDH

2009  CLC  950     KARACHI-HIGH-COURT-SINDH

AL-MUNAF CORPORATION through Partner

Versus

SINDH INDUSTRIAL TRADING ESTATE LTD. through Secretary

Reglns. 25-12.2 & 26-6.12.1—Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2—Specific Relief Act (I of 1877), S.54—Permanent injunction, suit for—Installation of petrol pump/CNG Station on industrial plot leased out to defendant by Sindh Industrial Trading Estate Limited (SITE)—Plaintiff’s plea was that conversion of suit plot from industrial to commercial was barred by Karachi Building and Town Planning Regulations, 2002; that SITE Authorities had permitted such conversion and installation without inviting public objections; and that such installation would cause nuisance, pollution and hazard to life of population and adjacent properties—Temporary injunction to restrain such installation, application for—Validity—SITE as lessor of suit plot had sole authority to determine and regulate its use—SITE being corporate body had to perform its functions through decisions taken by its Board of Directors—SITE as lessor had not adopted Karachi Building and Town Planning Regulations, 2002 as standards for land use and building control, thus, same would not apply thereto—Plaintiff had not shown violation of any standards approved by SITE—Board of Directors of SITE in meeting dated 17-1-2001 while approving commercialization of East Avenue from Nazimabad to Gulbai had observed that establishment of Petrol Pump/CNG Stations would constitute a commercial activity—According to Regln.25-12.2 of Karachi Building and Town Planning Regulations, 2002, CNG Station could be installed on both commercial and industrial plots—Where entire road was commercialized, then inviting public objections would not be necessary before permitting conversion of a single plot situated on commercial road despite express provisions in Bye-Laws or Regulations mandating issuance of public notice—CNG for not having been itemized in Regln.26-6.12.1 of Karachi Building and Town Planning Regulations, 2002 as “dangerous trades inflammable materials” could not be presumed to be prohibited—Whatever not expressly prohibited would be deemed to be permitted—Petrol Pumps/CNG Stations were part of public necessity, thus, prohibiting their installation on commercialized road would become counter-productive—Plea of easement rights would require evidence—Global Oil crises mandated encouragement of alternative source of energy—Oil and Gas Regulatory Authority must periodically inspect site to ensure compliance with safety requirements by plaintiff—Adverse incidents reported throughout the world had occurred mainly due to use of bad quality of Gas cylinders—Every home had a Gas connections and many cars being run by CNG having Gas cylinders were parked in residential homes—Plaintiff had not made out a prima facie case—Balance of convenience would lie in allowing defendant to complete, start and run CNG Station/Petrol Pump–Continuation of order of interim injunction would cause heavy loss to defendant for having made heavy investment—Order of interim injunction already granted was vacated in circumstances.