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Petitioner: LAHORE MUNICIPAL CORPORATION VS Respondent: AKBAR ALI AKHTAR and another
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: LAHORE MUNICIPAL CORPORATION vs AKBAR ALI AKHTAR and another Case No.: Civil Petition for Leave to Appeal No,734 of 1985 Date of Judgment:1989-03-29 Reported As: 1989 SCMR 1121 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.-- After hearing the learned counsel in support of this petition we do not consider it necessary to grant leave to appeal, as in our view, in the circumstances of the case, the petitioner has been allowed sufficiently effective relief in the last paragraph (No,4) of the impugned judgment. ' When properly understood the said part of the judgment means that the declaration and other reliefs granted to the respondents, are subject to the following provisos:-- (1) "The decree shall not protect the unauthorised structure raised by the plaintiff-respondents. (2) They shall obtain a sanction of the competent authority before raising any structure and (3) The Lahore Municipal Corporation will be competent to demolish the unauthorised structure in accordance with law." ' In the light of what is stated above leave to appeal, with the foregoing observations, is refused.