HIGH COURT OF SINDH BENCH AT SUKKUR.

C.P.No.D- 1308 of 2010.

For Katcha peshi.

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10.11.2010. Mr.Dareshani Ali Haider advocate for the petitioner.

Mr.Muhammad Shamim Khan advocate for respondent No.3.

Mr.Khuda Bux Chohan advocate for respondent No.2.

Saeed Ahmed Qureshi, Assistant Administrator Evacuee Trust Property, Sukkur.

Mr.Imtiaz Ali Soomro Asstt.A.G.

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The case of the petitioner is that he is owner of the plot which is adjacent to the building of the Evacuee Trust Board and this building is in a dilapidated condition. It is appraised by the petitioner that when the construction work on the petitioner’s plot is commenced then there is every likelihood that adjacent building might collapse causing massive death and destruction to the residents of the building who are all tenants of the Evacuee Trust as well as to the surrounding areas.

The counsel for respondent Nos.2 and 3

ie. Evacuee Trust also acknowledges that the building in question is in a very dilapidated condition and it might collapse any time. He states that notices in this regard have been issued to the occupants of the building to vacate it but they are not ready to leave.

It is stated at the bar that the competent authority to take appropriate steps to demolish dangerous buildings is of the Taluka Municipal Administration, Sukkur. We are of the view that the Taluka Municipal Administration, Sukkur has to first come to the conclusion that building is dangerous and thereafter it has to issue notices to the occupants of the building for its vacation. Taluka Municipal Administration, Sukkur vide its letter dated 8.3.2010 has already declared the building to be dangerous, therefore, let notices to all the occupants of such building be issued and thereafter appropriate steps for demolishing the building in accordance with law, shall be taken.

With these observations this petition stands disposed off.

JUDGE

JUDGE

Akber.