MUHAMMAD ZULFIQAR vs PAKISTAN RAILWAY EMPLOYEES, CO-OPERATIVE HOUSING SOCIETY LIMITED, KARACHI Ss — 2022 YLR 1081 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 1081 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: MUHAMMAD ZULFIQAR vs PAKISTAN RAILWAY EMPLOYEES, CO-OPERATIVE HOUSING SOCIETY LIMITED, KARACHI Ss
Subject matter: Civil
Provisions referred to: S. 273; S. 184; Cantonments Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD ZULFIQAR VS PAKISTAN RAILWAY EMPLOYEES, CO-OPERATIVE HOUSING SOCIETY LIMITED, KARACHI Ss. 2(iv), 185 & 273---Boundary wall, erection of---Approval/permission from Housing Society/Cantonment Board--- Original jurisdiction--- Suit for declaration / permanent injunction---Plaintiff had applied for "No Objection Certificate (NOC)" for erection of boundary wall on his plot situated in Housing Society which was granted to him by the same and wall was built accordingly--- Allegedly defendant Cantonment Board in collusion with defendant issued notice to plaintiff that such boundary wall was erected without approval---Cantonment Board, in written statement, objected that suit was barred by S.273 of Cantonments Act, 1924; that plaintiff had no cause of action; that building control portfolio lied with the Board and boundary wall was erected without any sanction---Held, that defendant was admittedly empowered to regularize buildings and to stop erection or re-erection thereof, and to demolish, if such erection or re-erection was violative of S.184 of the Act---Section 184 of the Act was penal provision that imposed penalty if one would raise illegal construction---Erection of boundary wall around a plot having not more than 08 feed height, and not abutting on the street, would not amount to a building requiring approval from the Cantonment Board---Suit was decreed accordingly.

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