Mrs. TARANUM SABIH vs SINDH BUILDING CONTROL AUTHORITY S — 2023 CLC 456 KARACHI-HIGH-COURT-SINDH

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Mrs. TARANUM SABIH VS SINDH BUILDING CONTROL AUTHORITY S.7-a---Specific Relief act (I of 1877), S.54---Suit for injunction and recovery of damages---Un-authorized construction---Demolishing---Notice, non-issuance of---Plaintiff was aggrieved of demolishing of her construction by officials of Sindh Building Control authority (SBCa), over plot lawfully owned by her---Validity---Plaintiff started raising construction on suit plot after approval of building plan and it was illegally demolished by defendants---Construction was not raised in violation of approved plan---Defendant / SBCa failed to prove that prior notice was served on plaintiff before taking demolition action---Defendant / SBCa, should have effected service of notice prior to taking demolition action under S.7-a of Sindh Building Control Ordinance, 1979, so also Building and Town Planning Regulations---Not sufficient for defendants to merely "issue" a notice before taking any action---Plaintiff was owner of suit plot and was continuously deprived of her right to use and enjoy the same, for the past eighteen years---Defendants / SBCa and its officials were unable to prove that subject lease was cancelled after due process of law---Ownership right was a fundamental right guaranteed under the Constitution and its breach should be remedied forthwith---Official defendants instead of addressing genuine grievance of plaintiff, opted to contest litigation that too on flimsy grounds---Plaintiff was entitled for her claim of damages, that was, of Rs.110,600,00/- payable by defendants, jointly and severally---High Court directed the defendants to pay damages to the tune of Rs.110,600,00/- to plaintiff with 10% markup from the date of institution of suit till realization of said amount---High Court further directed that plaintiff was also entitled for the costs of litigation---Suit was decreed accordingly.

Mrs. TARANUM SABIH vs SINDH BUILDING CONTROL AUTHORITY S — 2023 CLC 456 KARACHI-HIGH-COURT-SINDH

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