ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

PRESENT:

Mr. Justice Aqeel Ahmed Abbasi

Mr. Justice Mahmood A. Khan

C.P. No.D-637 of 2023

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.2868/2023 (Urgent).

2. For order on CMA No.2869/2023 (Exemption).

3. For order on CMA No.2870/2023 (Stay).

4. For hearing of main case.

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Dated; 1^st February 2023

Mr. Naveed Ahmed Abbasi, Advocate for Petitioner.

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1. Urgency granted.

2. Exemption granted subject to all just exceptions.

3&4. Instant Petition has been filed alleging therein illegal construction on the subject plot, which according to learned counsel for the petitioner, is being raised by the respondents No.4&5 without approved building plan. From the perusal of record it appears that the petitioner has not obtained any certified copy of the approved building plan by approaching the relevant Cell of Sindh Building Control Authority. Moreover, it appears that the petitioner is not a resident of the vicinity, therefore, the bonafide for filing instant petition has to be ascertained.

In view of above position, instant Petition stands disposed of. However, the petitioner may approach the relevant Cell of Sindh Building Control Authority by lodging a complaint after obtaining copy of approved building plan in the first instance and in case of any adverse response he may approach to this Court, however, subject to all just exceptions about the maintainability.

J U D G E

*Farhan/PS*