ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P.No.D-1200 of 2013.

DATE         ORDER WITH SIGNATURE OF JUDGE

                        1.         Katcha Peshi.

                        2.         For hearing of M.A.5719/2013

31-03-2015.

                        Mr. Saeeduddin Siddiqui, Advocate for petitioner.

                        Mr. Imtiaz Ali Abbasi, Advocate for respondent No.10

                        Mr. Sher Shamsuddin Sahito, Advocate for respondents No.3 to 6

                        alongwith Maqsood Ali Deputy Director Sindh Building Control

                        Authority.

                        Mr. Anwer H. Ansari, State counsel.

                        ==

            Petitioner has prayed for restraining order against respondents No.3 to 6 for issuing letter to respondent No.2 for vacating and dismantling the property in possession of petitioner i.e Flat situated at first floor in C.S.No.1555/4 & 1555/5 Prince Ali Road Market area Hyderabad. He has also prayed that before ordering any demolition and vacation of the property in question, the requirement of section 14(2)of Sindh Building Control Ordinance, 1997 should be fulfilled. Respondents No.4 to 6 have filed their comments in which it is stated that building in question is ground plus-one load bearing brick structure  which is in deteriorating  condition and not suitable for human habitation therefore the authority has declared it dangerous. In fact they have repeated the findings of the committee which inspected the building. So for as requirement of Section 14 of Sindh Building Control Authority is concerned, petitioner has stated that no opportunity of hearing was provided to him before declaring the building dangerous or proposed action of demolition. Deputy Director of Dangerous Building Department is present and he submits that if petitioner wants, he can also engage a licensee Engineer for inspection of building in question in presence of Engineers of Sindh Building Control Authority so that further report may be prepared to find out whether the building in question is dangerous or harmful to the human habitation or not?

                        By consent this petition is disposed of with directions that within three days inspection of the building in question shall be carried-out and the  petitioner may engage his own Engineer for his satisfaction. Inspection shall be carried out by a joint team of Engineers engaged by the petitioner and Sindh Building Control Authority. After submission of report within 2-days to the concerned authority, opportunity will be provided to the petitioner for personal hearing, thereafter proposed action will be taken in accordance with law. However, petitioner states that he is lawful tenant of one Allah Bachayo in the said premises. If building is demolished due to deteriorating condition, the petitioner may approach to the appropriate court for protection of his future tenancy rights if any.

                                                                                                            JUDGE

                                                                        JUDGE

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