ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P No. D- 443 of 2007

DATE                    ORDER WITH SIGNATURE OF JUDGE

15.12.2009

Mr. Raja Jawad Ali Advocate for Petitioner

Mr. Jhamat Jethanand Advocate for Respondents

Mr. Allah Bachayo Soomro, Addl.A.G.

            By order dated 21.5.2009 this petition was disposed of with directions to the HDA to take action against the party who have raised construction in deviation of the approved plan. This direction was also extended to the Petitioner.

It appears that the Court was not properly assisted and the order dated 24.9.2009 was passed in which it was observed that the Petitioners’ construction was violative of the approved plan.

We have noticed that the construction of the Petitioner was old one and was raised prior to creation of the H.D.A Such construction in way could fall within the domain of H.D.A. nor such construction could be ordered to be demolished on the score that it was without approved plan. The powers of the H.D.A. are subject to its regulations and would apply prospective and not retrospective. The order was passed on 24.9.2009 in which an impression was created that the construction was raised after creation of HDA which is not a fact. We, therefore, recall this order of 24.9.2009 and direct the authority to comply with the order dated 21.5.2009.

The show cause notice issued pursuant to the order dated 24.9.2009 is also discharged. The question in regard to action against the builder would be dealt in separate petition was filed. We direct that the construction which is not compoundable and violative of the approved plan shall be demolished in its totality.

This application stands disposed of in the above terms.

                                                                                                JUDGE

                                                                        JUDGE