Mrs. ZULEKHA vs PROVINCE OF SINDH Ss — 2023 CLC 954 KARACHI-HIGH-COURT-SINDH

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Mrs. ZULEKHA VS PROVINCE OF SINDH Ss.42 & 54---Karachi Building and Town Planning Regulations, 2002, Regln. 25.5.2---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Suit for declaration and injunction---Interim injunction, grant of---Master plan, violation of---Educational institution in a residential building---Pre-condition---Plaintiffs were aggrieved of running an educational institution by defendants in a residential area in a residential accommodation---Plaintiffs sought interim injunction against defendants from running the school---Validity---Residential accommodation per regulation 25 5.2 of Karachi Building and Town Planning Regulations, 2002, could only be used for educational purposes if width of road upon which residential accommodation was located was not less than 100 feet wide, as well as plot size must not be less than 1500 square yards---None of the two exceptions applied as the property did not face a 100 feet wide road and neither was converted to an amenity otherwise---Property in question could not be put to education purposes due to the road-width requirement---Onus was upon defendants to prove that in order to run college in a residential neighborhood, they had complied with all codal formalities envisaged under the statute---Defendants did not comply with statutory prescriptions as far as building byelaws and Master Plan was concerned---Right of education was indispensably a fundamental right enshrined under the Constitution but it did not lead to or give rise to any particular right to the defendants to establish an institution in a residential house---Prior permission from Master Plan Department as well as objections of inhabitants of surrounding area were not considered---Neither the Constitution nor any statute conferred or vested any right in the defendants that they could be given any special treatment allowing them to run a College for profit in complete defiance/disregard of Karachi Building and Town Planning Regulations, 2002---Plaintiffs made out a prima facie case, balance of convenience also laid in their favor and acts of defendants were calculated to cause irreparable loss to plaintiffs---High Court confirmed interim injunction in favour of plaintiffs---Application was allowed, in circumstances.

Mrs. ZULEKHA vs PROVINCE OF SINDH Ss — 2023 CLC 954 KARACHI-HIGH-COURT-SINDH

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