C

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-470 of 2013

_______________________________________________________________ Date Order with signature of Judges

_______________________________________________________________

1. For Katcha Peshi

2. For hearing of M.A. No.1959/2013

08/09/2015:

Rana Faiz-ul-Hassan, General Secretary of petitioner organization, is present in person.

Ms. Afsheen Aman, Advocate for Res. Nos.1 to 3.

Mr. Zafar Iqbal Waraich, Advocate for Res. No.4.

Mr. Muhammad Mahmood Sultan Khan Yousfi, Advocate for Respondent No.5.

Mr. Abdul Jabbar Qureshi, AAG Sindh for Res. No.8.

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The instant petition has been filed on the ground that the Respondent No.4 has raised some illegal construction on the plot bearing No.C-17, Block 6, Federal ‘B’ Area, Gulberg, Karachi, under the name and style of ELITE TOWER. The notices were issued to the respondents and in response to which the Respondents No.1 to 3 have filed comments wherein they have categorically stated that the authority had granted approval of the building plan for construction of basement + ground (shops & 40% loft) + eight upper floors (flats) vide letter dated 11.7.2009. In the comments it was admitted by Respondents No.1 to 3 that the owner of the plot – Respondent No.4 has raised some construction in violation of approved plan and converted the loft into mezzanine floor and have also made other certain violation in making construction on the said plot. It is further submitted that after noting the said violation the SBCA, in compliance of order passed by this Court, has sealed the said project and the said property is still in seal condition. The petitioner is satisfied with this statement and does not press the instant petition any further. The petition stands disposed of as not pressed alongwith the listed application in the above terms. However, the Director KBCA – Respondent No.1 is directed to make sure that no illegal construction should be raised on the plot in question. He is also directed to explain that how the Respondent No.4 manages to make illegal construction and why no action was taken against the concerned official in this regard. The Respondent No.1 would furnish an explanation within a period of one month as to what action has been taken against the delinquent officials in this behalf. The said report should be filed with MIT of this Court within the stipulated period.

The petition stands disposed alongwith the listed application in the above terms.

JUDGE

S.Akhtar