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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: DIN MUHAMMAD QURESHI VS Respondent: GOVERNMENT OF SINDH and others
Court Name: Sindh High Court Judge(s): Sabihuddin Ahmed, Syed Ali Aslam Jafri Title: DIN MUHAMMAD QURESHI vs GOVERNMENT OF SINDH and others Case No.: Constitutional Petition No,D-446 of 1997 Date of Judgment:2001-08-22 Reported As: 2003 CLC 245 Result: Order accordingly
Judgment ORDER SABIHUDDIN AHMED, J.--- A report has been submitted in Court on behalf of respondent No,3 stating that ejectment notices had been issued to the occupants before causing demolition but the occupants have not yet vacated the building and necessary assistance to cause ejectment was not made available. We would reiterate that in the absence of occupancy certificate under section 6(2) of the Sindh Buildings Control Ordinance occupation of any part of the building would be illegal. Moreover, Mr. Muhammad Muzaffarul Haq has pointed out that an application on behalf of certain occupants to be impleaded as party to this petition was dismissed by the Court vide order, dated 16-4-1999 wherein it was observed that they do not have any legal right to be joined but would be free to seek remedies before a proper forum, if so advised. According to taught counsel no interim or final order protecting their occupation has to the best of his knowledge, been passed by any Court. In the circumstances we would grant three months' time to the respondents to eject the occupants, if necessary by force, and perform their duties according to law. The respondent No,1 is directed to provide necessary assistance to the respondent No,3. A compliance report may be submitted after the aforesaid period.