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Petitioner: SIBTEMUJTABA KAZMI VS Respondent: CANTONMENT BOARD through Cantonment Executive Officer and 3 others
Court Name: Sindh High Court Judge(s): Amir Hani Muslim, Sabihuddin Ahmed Title:SIBTEMUJTABA KAZMI vs CANTONMENT BOARD through Cantonment
Executive Officer and 3 others Case No.: Constitution Petition No.55 of 2003 Date of Judgment:2003-12-18 Reported As: 2008 MLD 793 Result: Petition dismissed Judgment ORDER ' SABIHUDDIN AHMED, J.---A statement has been filed on behalf of respondent No.4 to the effect that the illegal construction has been regularized by the respondent No.4 and composition free has been paid. Therefore, the petition has become infructuous. Mr. Yasir proceeded to argue that the violation of the compulsory open space requirement and raising additional floors in excess of the original approved plan could not be accorded by the respondent No. 1 . In this context he relied upon the bye-laws XV of the Bye- Laws regulating building in the then Drig Road Cantonment published by the Cantonment Board and approved by the Federal Government in the Gazette, dated April 30, 1995. Indeed the aforesaid bye-laws do provide for a minimum compulsory open space in plots measuring about 500 sq. Yards and also lay down the prescribed height of the building. Nothing was shown in the said bye- laws enabling the concerned authorities to deviate from the said requirements. Nevertheless, learned counsel for the respondent referred to sections 184 and 185 of the Cantonments Act which conferred wide powers upon the Board and other authorities to condone any illegality in the construction and accept composition fee instead. It may also be added that sanctions for construction of buildings are to be obtained under Chapter XI of the Cantonments Act and the building bye-law made under section 186 cannot override statutory force. We, therefore, find no merits in the petition and dismiss the same. 2. In view of the Nazir's report this application is dismissed.