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2010 YLR 1703

MUHAMMAD AYUB SHAIKH vs CANTONMENT EXECUTIVE OFFICER and others

Petitioner: MUHAMMAD AYUB SHAIKH VS Respondent: CANTONMENT EXECUTIVE OFFICER and others

Court: Sindh High Court Decision Date: 2009-11-24

Full Judgment Text & Judicial Ruling

Court Name: Sindh High Court Judge(s): Mushir Alam, Aqeel Ahmed Abbasi Title: MUHAMMAD AYUB SHAIKH vs CANTONMENT EXECUTIVE OFFICER and others Case No.: Suit No,1271 of 2006 Date of Judgment:2009-11-24 Reported As: 2010 YLR 1703 Result: Order accordingly

Judgment ORDER Nazir's reports dated 7-11-2009 and 22-12-2009 show that a mobile-phone tower has been erected on a residential plot with generator. Though it is reported that noise of generator apparently is not causing any disturbance but nevertheless in a residential area such activity is, indeed, questionable. Mr. Nazar Muhammad Jamali. Learned counsel- for respondent No,l, submits that when the permission was granted the area was not habitable, since now it is habitable. It was stated that in view of the pendency of the petition, no action was taken. It may be observed that the Regulatory Authority needs no permission to discharge and perform its functions in accordance with law and action as may be warranted, may be initiated. Office is directed to fix all petitions questioning installation of cell phone towers on the same date and before the same Bench. Let needful be done within three weeks.

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