A. RAZZAQ DAWOOD vs URBAN PROPERTIES BUILDERS S — 2022 CLC 209 KARACHI-HIGH-COURT-SINDH

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A. RAZZAQ DAWOOD VS URBAN PROPERTIES BUILDERS S.21---Karachi Building and Town Planning Regulations, 2002---Illegal conversion/amalgamation of residential property into commercial property---Petitioner contended that two plots adjacent to his plot were residential properties which had illegally been declared as commercial properties---Petitioner prayed for declaration of the said plots to be illegal and unlawful; said illegal conversion of the same to be declared as null and void/non-operative; and employees/agents to be restrained from the construction being contrary and violative to the laws/rules of Sindh Building control Authority; Civil Aviation Authority; Pakistan Air Force; Karachi Building and Town Planning Regulations, 2002; Sindh Local Government Ordinance, 2001; and Karachi Metropolitan Resolution, 2012---Relevant clauses of the lease agreement between the City District Government Karachi and the respondents had been violated which stated that the property in question would exclusively be used for residential purposes---Documents furnished by the Karachi Municipal Corporation authorities showed that the properties in question were residential in nature and the said authorities denied the claim of respondents regarding conversion of the same into commercial ones---Perusal of NOC and other documents showed that at no point of time the respondents were allowed to raise any commercial construction on the said initially declared residential properties---Whole road had been declared as commercial without taking the approval from the residents of the other residential properties excluding the properties of the private respondents---Rules/regulations of Karachi Building and Town Planning Regulations, 2002 clearly stipulated that residential property could only be converted into commercial/amalgamated after fulfilling the legal requirements which were lacking in the present matter---Present case was a matter factual controversy rather than legal one that whether any property situated on a main road could be declared as commercial upon fulfilling of certain formalities without looking to the various aspects which were to be undertaken and considered before declaring any residential property/road for commercialisation purpose---Karachi Municipal Corporation, was of the view that the properties in question were still residential properties and the NOC/permission issued by department in their view was a flagrant violation of the various terms of the NOC or the rules/regulations of other relevant departments---Respondent/Government departments had not taken into consideration the legal/factual position of the cases and dicta laid down by the Supreme Court on the subject issue from time to time----Purported permission granted by the then Administrator Karachi Municipal Corporation needed to be looked into afresh after appropriate proceedings---High Court deemed appropriate to refer the matter once again to the concerned authorities with directions to the private respondents to move a fresh application for conversion of the same residential properties into commercial; after receiving said application, the concerned respondents/departments were directed to decide the matter within 3 months from starting from the date of receipt of such application keeping in view/abide by the directions/instructions issued by Supreme Court of Pakistan in respect of commercialisation of the main road/properties situated in residential areas; it was directed that no construction should be carried out on the disputed properties by private respondents in any manner whatsoever---Issues regarding the height etc. no decision was given as the same would come into picture only when the issue of amalgamation/commercialisation would be decided by the competent authorities---Relevant Constitutional petitions were allowed and the others were disposed of as having become infructuous.

A. RAZZAQ DAWOOD vs URBAN PROPERTIES BUILDERS S — 2022 CLC 209 KARACHI-HIGH-COURT-SINDH

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