2009  YLR  2018     KARACHI-HIGH-COURT-SINDH

Mst. JAMILA

Versus

YADGAR SERVICE STATION/CALTEX PETROL PUMP

 

Ss.42 & 54—Civil Procedure Code (V of 1908), O. XXXIX, Rr.1 & 2—Interim injunction, grant of—Prima facie case—Proof—Actionable nuisance—Plaintiff was residing in neighborhood of petrol pump owned by defendants where they had installed industrial generator for Compressed Natural Gas unit—Plea raised by plaintiff was that installation of generator in her neighborhood had caused nuisance to her and it was safety hazard—Validity—Act to become actionable nuisance, it must have satisfied the test of reasonableness—Suit property was situated in heart of the city at Saddar, which was one of the busiest areas of city—Petrol pump site situated at cross roads of two major arteries was reasonably excepted to be equipped with Compressed Natural Gas facilities with a generator of industrial capacity to be used in the events of electricity break downs—Traffic sound at the location was much higher than the sound of any generator or Compressed Natural Gas facilities, which position had not been disputed by plaintiff, therefore, no case for injunction was made out by plaintiff—Defendants were expected to comply with all codal formalities and procedures prescribed by competent authorities with regard to safety—It was not the case of plaintiff that such codal formalities/ procedures had not been complied with by defendants—Defendants had filed necessary approvals from Oil and Gas Regulatory Authority—High Court declined to grant interim injunc­tion in favour of plaintiff—Application was dismissed in circumstances.