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Petitioner: BASHIRUDDIN QURESHI VS Respondent: KARACHI BUILDING CONTROL AUTHORITY through Chief Controller of Buildings and 2 others
Court Name: Sindh High Court Judge(s): Mushir Alam, Muhammad Afzal Soomro Title:BASHIRUDDIN QURESHI vs KARACHI BUILDING CONTROL AUTHORITY through
Chief Controller of Buildings and 2 others Case No.: High Court Appeal No,253 of 2005 Date of Judgment:2007-01-31 Reported As: 2008 CLC 721 Result: Order accordingly Judgment ORDER ' Mr. Muhammad Ikram Siddiqui, learned counsel appearing for petitioner submits that he has already deposited the Nazir's fee. He has also placed a copy of receipt, dated 20-1-2007 evidencing the payment of Nazir's fee, which is taken on record. It appears that in compliance of this Court's order, dated 29-9-2006 a joint inspection was carried out by the Nazir in presence of the appellant along with his counsel and the representatives of K.B.C.A. And P.E.C.H.S. After carrying out such exercise, it has come on record that the encroachment has been made by the appellant. Though we have serious reservation as to the excessive area reserved for park has been allotted to the appellant. K.B.C.A. And other concerned authorities are directed not to regularize the area, which was originally part of any amenity park or other amenity purposes. However, looking to the undertaking given by the appellant, K.B.C.A. Is directed to ensure that in case, any area in excessive of 468 square yards is found in possession of the appellant, same shall be restored without any further delay. Mr. Saifuddin, learned counsel undertakes on behalf of P.E.C.H.S. That such direction of this Court will be communicated to the respondent No,3 for removal of the entire encroachment and illegal/unauthorized construction made beyond the plot limits as such excess area was originally earmarked for the amenity purposes. Compliance report to be submitted within two weeks.