ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-2986 of 2023

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.18726/2023 (Urgent).

2. For order on office objection.

3. For order on CMA No.14282/2023 (Exemption).

4. For order on CMA No.14283/2023 (Stay).

5. For order on CMA No.14284/2023 (Inspection).

6. For hearing of main case.

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Dated; 29^th August 2023

Mr. G.N. Qureshi, Advocate for Petitioner.

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1. Urgency granted.

2. Learned counsel for the petitioner undertakes to comply with office objection before the next date of hearing.

3. Exemption granted subject to all just exceptions.

4-6. Through instant Constitutional Petition, the petitioner, who is resident of House No.68, Clifton Quarters, Karachi and claims to be a pro bono publico and filed instant petition in the public interest, has expressed his grievance against alleged illegal and unauthorized construction being raised by the respondents No.9 to 15 over Plots No.108 and 109, Survey No.2, Sheet CF-1-5 measuring 6430 and 4032 square yards respectively situated at Clifton Quarters, Karachi, which according to learned counsel, have been amalgamated and now multistoreyed commercial building has been raised without any approved building plan and/or seeking approvals of Environmental Protection Agency and Sindh Building Control Authority. According to learned counsel for the petitioner, since the subject plots are in purely residential area, therefore, such construction cannot be raised. Learned counsel for the petitioner further submits that the petitioner has approached the Director General, Cantonment Board Clifton, SBCA and civic amenities authorities while intimating such violation through letters, however, no action whatsoever has been taken so far and the construction is being raised.

Ms. Sana Q. Valika, Advocate has shown appearance, files vakalatnama of M/s. Abid S. Zuberi & Ayan M. Memon, Law Associates, on behalf of the respondents No.9 to 14 and waives notice of this petition, however, claims its copy alongwith annexures and requests for time to file comments/reply. Learned counsel for the petitioner undertakes to supply copy of the same during course of the day. Learned counsel for the respondents No.9 to 14, however, submits that the impugned construction is being raised on a commercial plot strictly in accordance with law after obtaining all the necessary approvals, therefore, the allegations of illegal construction without approval are totally false and frivolous. Let comments to this effect alongwith relevant documents may be placed on record on the next date of hearing.

Let notices be issued to the remaining respondents as well as to the Advocate-General, Sindh, to be served through first three modes, for 27.09.2023, to be fixed as per roster, and shall not be fixed before this bench, whereas, when reply/comments, if any, shall be filed with advance copy to the learned counsel for the petitioner.

J U D G E

*Farhan/PS*