Mst. ZUBAIDA A. SATTAR and others V e r s u s KARACHI BUILDING CONTROL AUTHORITY and others
Judge Name: AJMAL MIAN, C.J., SH. LJAZ NISAR AND CH. MUHAMMAD ARIF Judgment Result: Order accordingly Other Law Journal References: -s. 19~Karachi building and town planning regulations, 1969, regln. 16–constitution of Pakistan 1973, arts. 185 & 199-appeal to supreme court-unauthorised raising of multi-storeyed structures on residential plots in violation of rules and laws-constitutional petition before high court-high court, in an interlocutory order, directed that concerned authorities would ensure that all encroachments in area, by whatever means brought about, should be removed, sewerage leakages should be immediately attended to and removed, ditches should be filled by concrete, electric supply problems should be solved and sorted out and water scarcity should be looked after-Nazir of high court was also appointed as commissioner to inspect entire area after five days within which period needful should have been done-building control authority on report of Nazir of court, which affirmed allegations, was also directed to inform authority responsible to supply electricity, natural Gas and water in relation to such unauthorised buildings to forthwith discontinued amenities provided by these agencies to them-building authority was also authorised to seek due assistance from inspector-general of police, commissioner of division and district magistrate concerned-validity-held: it was not a fit case in which supreme court should interfere with interlocutory orders, as admittedly unauthorised constructions had been raised-more appropriate for appellants was to have approached high court by filing miscellaneous applications in pending constitutional petition in high court in order to demonstrate that report of Nazir of high court did not reflect true position and that their amenities were ordered to be disconnected without hearing them-contention of appellants that supreme court may order that amenities, namely supply of water, electricity and Gas should not be disconnected till disposal of constitutional petition by high court was repelled by supreme court with observation that supreme court could not pass any such interlocutory order, however, it will be open to appellants to file appropriate application before high court for such relief-supreme court deprecated practice that some builders obtain approval of plans for residing buildings ground-plus-one, but actually they construct multi-storeyed high rise-buildings on sites to detriment of neighbours in locality concerned as same disturbed amenities besides creating environmental problems-questions as to whether factually appellants (who claimed to be occupants of buildings; amenities of which were disconnected) were in possession of premises on relevant date, being not free from doubt supreme court recalled leave granting order and dismissed appeals with no order as to costs.
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