ASCO INTERNATIONAL

(PVT.) LTD. VS
GOVERNMENT OF SINDH
through Secretary, Industries
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 2008 C L C 642

[Karachi]

Before Mushir Alam and Arshad Siraj, JJ

Messrs ASCO INTERNATIONAL (PVT.) LTD.

through Manager----Petitioner

versus

GOVERNMENT OF SINDH through Secretary,

Industries, and 3 others----Respondents

Constitutional Petition No.1D-584 of 2003, decided on 11/10/2007.

Constitution of Pakistan (1973)---

----Art. 199---Constitutional petition---Unauthorized construction, demolition of---Grievance of petitioner was that unauthorized
construction was being raised by respondent against approved building plan over the compulsory open space---Alleged
unauthorized construction was prima facie established by inspection carried out under the orders of the High Court---No rules
and regulations or bye-laws were shown to the court under which power had been conferred on the Authority to regularize
unauthorized construction---Impugned illegal and unauthorized construction being raised by the respondent on plot in question
was ordered to be attached---No reason was available to keep petition pending indefinitely when respondent had not seriously
contested the same and conduct of the regulating Authority was also indifferent---Prima facie no material was on record to
show that Authority had any power or jurisdiction to compound any violation of the building plan--Subsequent permission being
without lawful authority, was not sustainable, in eye of law---Order accordingly.

Muhammad Ikram Siddiqui for Petitioner.

Nemo for Respondents.

Date of hearing: 10th October, 2007.

JUDGMENT

MUSHIR ALAM, J.---Grievance shown in the petition is that unauthorized construction is being raised by the respondent No.4
on plot No. C-45, SITE, Karachi inasmuch as compulsory open space has been covered.

2. The matter is fixed for regular hearing but none is present on behalf of the respondents.

3. It appears that raising of unauthorized construction was prima facie established by the inspection carried out under the
orders of this Court on 6-10-2004. The Commissioner has given his detailed report on 23-10-2004. It appears that despite the
restraining orders the construction continued unabated. On 31-3-2005, it was contended that the unauthorized construction
raised by respondent No.4 has been approved by S.I.T.E.. However, no such rules and regulations or bye-laws were shown to
the Court under which authority has been conferred on SITE to regularize unauthorized construction. S.I.T.E was directed to file
comments within 15 days together with the bye-laws and the approved building plan in respect of the above plot. It seems that
the directions of the Court were ignored as none of the above has been filed.

4. Eventually, vide order dated 27-10-2006 the impugned illegal and unauthorized construction being raised by the respondent
No.4 on the said plot was ordered to be attached.

5. We, therefore, see no reason to keep this petition pending indefinitely when the respondent No.4 has apparently not
seriously contesting the same and the conduct of the regulating authority, i.e. SITE is also indifferent.

6. Under the circumstances, we would direct that the unauthorized construction raised against the approved building plan dated
9-1-2001 over the compulsory open space be demolished to the extent of violation.

7. Prima facie there is no material to show that SITE has any authority or jurisdiction to compound any violation of the building
plan. Therefore, the subsequent permission dated 11-9-2004, being without lawful authority is not sustained.
8. The petition stands disposed of in above terms along with the pending applications.

H.B.T./A-12/KOrder Accordingly.