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PAKISTAN STATE OIL COMPANY LIMITED vs ABDUL ALI Ss — 2023 PLD 174 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PLD 174 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
PLD
Parties
PAKISTAN STATE OIL COMPANY LIMITED vs ABDUL ALI Ss
Subject matter
Civil

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

PAKISTAN STATE OIL COMPANY LIMITED VS ABDUL ALI Ss. 42 & 54---Civil Defense (Special Powers) Rules, 1951, R.10---Constitution of Pakistan, Arts. 4, 23 & 24---Suit of declaration and injunction---Property rights---Plaintiff company claimed that its installation was Key Point Installation Category I-A and had sought restriction upon defendants not to raise structure/construction over their land within a distance of 200 Sq. Yds. from plaintiff's installation, under the provisions of rule 10 of Civil Defense (Special Powers) Rules, 1951---Validity---Federal Government could impose in terms of R. 10 of Civil Defense (Special Powers) Rules, 1951, condition only for the purposes of rendering building of adjacent land owner more secured and protected for persons using the same---Defendants were not precluded from using their land in pursuance of R. 10 of Civil Defense (Special Powers) Rules, 1951, however reasonable restriction for security and safety of the occupants were to be adhered to---Such restrictions could not be arbitrary and fanciful and that such restriction would not be of such magnitude as would materially render and disentitle neighboring land owners from utilizing their land in accordance with law as it would then be in violation of Arts. 4, 23 & 24 of the Constitution---Suit was dismissed, in circumstances.

Other judgments reported in 2023 PLD

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