ORDER WITH THE SIGNATURE OF THE JUDGE

1. For hearing of Misc. No. 11250/2012

2. For hearing of Misc. No. 285/2012

3. For hearing of Misc. No. 8851/2012

28.05.2012

Mr. Qadir Hussain Khan, advocate for the petitioner.

Mr. Inayat Hussain Shah Bukhari, advocate for the applicant/intervenors.

Mr. Faisal Siddiqui, advocate as Amicus.

1. One Khurram Ali Rao, who claims to be the owner of a unit of the building which was the subject matter of the instant petition also seeks to join the proceedings. Learned counsel for the applicants submits that the Building Control Authority’s demolition squad is preparing to demolish the building purportedly in pursuance of some orders passed in the present proceedings and in case the applicants are not allowed to join the proceedings and the Authority is not restrained from carrying out the demolition the applicants shall be gravely prejudiced.

The instant petition was disposed of vide order dated 30.03.2010 in the said order though KBCA was allowed to carry out the removal of the upper floors of the subject building but such was to be done in accordance with law and as mandated under the Ordinance 1979 and KB&TPR Ordinance 2002. The above was subject also to the following :-

i) In case the petitioner gets the property transferred in her name subject to entitlement and clear title of the said Ishrat Khatoon within two months;

ii) The petitioner if able to acquire the right, title and interest in respect of the sub-lease may approach the Regulatory Authority for approval of the building plan for construction/reconstruction or repair of the subject premises in her possession;

iii) Any plan for approval for construction/reconstruction or repair to be processed and examined by the respondents within two months thereafter otherwise the parties will at liberty to take action as permissible under the law as these controverted questions perhaps may not be resolved in exercise of extra ordinary jurisdiction of this Court.

However, subsequently the petitioner came before this Court with the request that the Authority be directed to carry out the demolition of the upper floors of the building with due care and diligence so that her flat situated on the ground floor of the building may not be damaged. It was in pursuance of such request that the subsequent orders for demolition of the building have been passed in the present proceedings. Since as noted above, the petition stood disposed of and no proceedings are pending to be joined by the present applicants, we would dismiss this application. The applicants may however, seek remedy in the appeal said to have been filed by them against the dismissal of their suit seeking an order against the earlier decision of the Building Control Authority whereby the building was perhaps declared dangerous and orders for its demolition were passed by the Authority. A bare reading of the order dated 12.05.2011 would reveal that it is a conditional order and the observation regarding demolition itself is subject to Ordinance 1979 and KB&TPR Ordinance 2002.

2&3. Adjourned.

J U D G E

DB.Mr.Justice Maqbool Baqar & Mr.Justice M.Shafi Siddiqui/28.5.2012\zahid