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IN THE HIGH COURT OF SINDH

AT KARACHI
Constitution Petition # - D -27 /2003

Muhammad Anis…………. . ……..………..………….………Petitioner.

VERSUS
Kathiawar Co-Operative
Housing Society and another ….………………………..… Respondents.

PARA-WISE COMMENTS OF RESPONDENT # 1

It is submitted on behalf of the respondent # 1 as under:-

1. That the contents of paragraph # 1 of the petition are partly admitted

and partly denied it is denied that petitioner is law abiding citizen as
he is residing in a premises of which third floor is illegal and has
been constructed without lawful authority.

2. That the contents of paragraph # 2 of the petition are vehemently

denied being false, concocted and frivolous as the respondent # 1 has
lease hold rights in respect of the plot in question for the period of 99
years. The respondent # 1 initially got approved the construction
plan for Ground floor from K.B.C.A and submitted completion plan
which was accepted by respondent # 2 vide its letter #
KBCA/KMC/DCB-XIII/CC:REG/35/96/11 dated 16-05-1996. The
respondent # 1 subsequently got approval form KBCA for first and
second floor on the plot in question vide letter # KBCA/DCB-
10(PROP/97/96/10 dated 16-11-1996. The respondent # 1 is
completing construction at present of first floor and shall construct
its second floor afterwards . The construction is being raised by
respondent # 1 according to the approved plan, and shall submit
completion/regularization plan to respondent # 2 for clearance as
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per its rules and regulations applicable to the buildings. It is further

clarified that allegations of the petitioner that construction is being
raised illegally are absolutely concocted and far from truth. (Photo
state copy of letters dated 16-05-1996, challan dated 15-05-1996,
approved plan of ground floor, letter dated 06-04-1983 and approved
plan first floor and second floor are appended herewith and marked
as ‘B’, ‘C’, ‘D’, ‘E’ and ‘F’).

3. That the contents of paragraph # 3 of the petition are not disputed ,

however it is clarified that respondent # 1 constructed building
(Ground floor) on the plot and established a dispensary for members
of the society and residence of the locality but allegations of illegal
construction in contravention of the KBCA rule are denied.

4. That the contents of paragraph # 4 of the petition are vehemently

denied , being baseless as detailed reply has been submitted above
and it is clarified that plot in question is amenity plot and
construction is being carried on with due approval of respondent # 2
KBCA who has accorded approval to the plan. As for nature of use is
concerned its authority to grant permission lies with respondent # 2
and in case if purpose of use is changed proper approval for the same
shall be obtained from the concerned authority and the plot shall be
used for the purpose allowed by KBCA and nothing else.

5. That the contents of paragraph # 5 of the petition are not regarding to

the respondent, # 1, hence no comments. It is made clear that right of
the petitioner or any other person of the locality is not being
hampered while raising construction by the respondent # 1.

6. That the contents of paragraph # 6 of the petition are not denied

being false and baseless. It is clarified that the respondent 2’s
approval to the construction is available with the respondent # 1. The
petitioner lives on the other side of the road and not in close
proximity of the plot in question, hence apprehensions about right of
easement are un-called for.

7. That the contents of paragraph # 7 of the petition are not disputed.

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8. That the contents of paragraph # 8 of the petition are not regarding

the answering respondent, hence no comments.

9. That the contents of paragraph # 9 of the petition are vehemently

denied, it is submitted that the respondent # 1 has not violated any
Article of the Constitution as well as fundamental rights of the
petitioner. The respondents have not made any discriminatory
treatment with the petitioner. The question of uses of the building is
premature. The respondent # 1 after its completion will decide about
its usage and if necessity arises ,will approach the authority for its
permission to change the purpose.

10.That the contents of paragraph # 10 ,11 and 12 of the petition are

denied being false and base less.

11. That the contents of paragraph # 13 of the petition are denied being
false and baseless and it is submitted that respondent # 1 is raising
construction according to approved plan.

12. That the contents of paragraph ground # 1 of the petition are denied
being false and baseless.

13. That the contents of paragraph ground # 2 of the petition are not
regarding to the answering rspondent , hence no comments.

14. That the contents of paragraph ground # 3 of the petition are

denied being false and baseless.
15. That the contents of paragraph ground # 4 and 5 of the petition are
denied being false and baseless.

16. That the contents of paragraph ground # 6 of the petition are correct.

17. That the contents of paragraph ground # 7 are denied being false
and baseless and it is submitted that there is no violation in raising
construction.
18. That the contents of paragraph ground # 8,9 and 10 are denied
being false and baseless and it is submitted that there is no violation
in raising construction.

19. That the contents of paragraph ground # 11 of the petition are denied
being false and baseless.

20. That the contents of paragraph ground # 12 of the petition are formal
, hence no comments.

21. That the contents of paragraph ground # 13 of the petition are denied
being false and baseless.

22. That the prayer clause is denied as allegations raised in the petition
are vexatious and for wasting valuable time of this Honorable court .

23. The petition is misconceived, merit less it is therefore prayed that it

may be dismissed in the interest of justice and equity with cost.

Karachi Respondent # 1
Dated: 22-01-2003

Advocate for the Respondent # 1