IN THE HIGH COURT OF SINDH

AT KARACHI

Constitution Petition No-D /2004

Abdul Gaffar Tai……………………………………....Petitioner.

VERSUS

Chief Controller of Building & others……….….…..Respondents.

INDEX
S.No DESCRIPTION ANNEXED PAGES
From to
1. Memo of petition 1- 9
2. Copy of letter Dated 21.7.1997 A 11 - -
3. Copy of letter Dated 15.127.1998 B 13- -
4. Copy of letter Dated 1.12.1999 C 15- -
5. Copy of letter Dated 19.1.2001 D 17 - -
6. Exemption Application 19 - 23
and its Affidavit
and its affidavit
7 Stay Application 25- 29
and its Affidavit
Inspection Application 31-35
and its Affidavit
8 Urgent Application 37-
9. Vakalatnama 39
Karachi.
Dated : 14-10-2004 Advocate for the petitioner
 IN THE HIGH COURT OF SINDH
AT KARACHI

(Constitutional Jurisdiction )

Constitution Petition No-D- /2004

Jetpur Memon Relief Society

Through its President Abdul Gaffar Tai,
Son of Yousaf Tai, Muslim Adult
Having its office at Flat No.10 & 11,
Ground Floor, Jetpur Plaza, Amir
Khusro Road, Karachi ……………………….………………….Petitioner

VERSUS

1. Chief Controller of Building

Karachi Building Control Authority
Having its office at Annex Building
Civic Center, University Road, Karachi.

2. Hanif Muhammad Mukaty

Son of Muhammad Mukaty
Muslim adult Resident of
2nd floor, Jetpur Plaza, Amir
Khusro Road, Karachi.

3. Muhammad Iqbal Memon

Son of Haji Haroon Memon
Muslim adult Resident of
2nd floor, Jetpur Plaza, Amir
Khusro Road, Karachi.

4. Sohail Motan,
Son of Muhammad Motan,
Muslim adult Resident of
2nd floor, Jetpur Plaza, Amir
Khusro Road, Karachi. …. Respondents

Constitution Petition under Article 199 of The

Constitution of Islamic Republic of Pakistan, 1973.
 The Petitioner above named beseeches as under:-

1. That the Jetpur Relief Society has authorized its president to file
present legal proceedings ( Original Authority letter is enclosed and
marked as ‘A’ )
2. That the Jetpur Relief Society/petitioner about 20 years before
lawfully constructed a building according to approved Building
plan in the name and style of ‘Jetpu Plaza, at Amir Khusro Road,
Kathiawar Co-operative Housing Society (Adamjee Nager) Karachi
and the respondent # 1 vide its letter # KBCA/DCB/-10-CC-86 / 85
/ACB-IV/Aug/61/87 dated 31.08.1987 approved the completion plan
of the building and issued occupancy certificate. ( Photo state copy of
occupancy certificate is enclosed herewith and marked as ‘B’ )

3. That the project is residential cum commercial and the petitioner put
the poor of its community in flats at lowest rate than the cost of the
flat in order to accommodate the needy and poor. The petitioner
allotted the basement of the Building to Yahya Godil and his family
at market rate, hence theyare enjoying the possession of basement for
the last twenty years. The society as a matter of policy did not sub-
lease any of the unit including basement to any one with object to
avoid that in future occupant would not be able to sell the unit to any
other person other than a person belonging to this community. The
lease hold rights of the ‘Jetpur Plaza’ are still with the petitioner.
(Photo state copy of allotment order of basement is enclosed herewith
and marked as ‘C’ )
4. That the respondent # 1 is legal functionary, performing its duties in
accordance with the provisions of The Sindh Building Control
Ordinance, 1979, coupled with Karachi Building Control Licensing
Regulation, 1982. The Section 6 of the aforesaid Ordinance
completely restrains from raising construction of any building before
the Authority except in the prescribed manner , after obtaining
approved plan of such building and after grant of no objection
certificate for the construction thereof on payment of such fee as may
 be prescribed The Section 7-A of the Ordinance authorizes the
respondent # 1 to demolish the building constructed in violation of
Section 6(1) of The Sindh Building Control Ordinance, 1979.

5. That on 30.09.2004, the petitioner received a complaint from the

Yahya Godil that respondent # 2 to 4 overnight has raised illegal
steps/walls up to eight feet, resultantly eight windows of 4 2 feet,
which were installed for ventilation purpose at road side in basement
since last twenty have been completely closed and now 15,000 square
feet basement has turned in darkness as no air or sunlight can pass
through it . ( Photo state copy of Complaint is enclosed herewith and
marked as ‘D’ )

6. That the petitioner reported the matter to lessor and General

Secretary of The Kathiawar Co-operative Housing Society Ltd/ lessor
requested the respondent # 1 to remove illegal construction raised by
respondent # 2 to 4 but respondent # 1 has failed to perform its lawful
duty. ( Photo state copy of Complaint/letter dated 01.10.2004 is
enclosed herewith and marked as ‘E’ )

7. That the petitioner apart from above request made which was made
to respondent # 1 also made request to Nazim of Union Ccouncil as
well as to Sstation House Officer but all in vain as illegal construction
raised by respondent # 2 to 4 is still as they are demanding Rupees
Four Hundred thousand ( Photo state copies of Notice dated 7102004,
8.10.2004 of UC NAZIM and Police are enlsed herewith and marked
as F, G and H )

8. That the respondent # 2 to 4 by raising illegal construction on road

sid hampered the rights of other occupants of the vicinity, and in such
circumstances respondent # 1 is duty bond and it is his statutory
obligation that on receipt of information from petitioner to take legal
action against the respondent # 2 to 4 and demolish the illegal
construction raised by them but respondent # 1 failed to discharge its
lawful duty for the best reasons known to him.
9. That respondent # 1 is legal body , and is functioning in connection
with the affairs of the province of Sindh and are charged with
multifarious duties relate able to enforcement of law, subject to
control of judiciary and movement High Court comes to conclusion
that Government functionary are not performing duties within the
parameters assigned to them , High Court would come to the rescue
of the aggrieved citizen.

10. That under Article 4 of the Constitution this is an inalienable right of

every citizen is to be dealt with in accordance with law and when
ever a right of a citizen is violated and brought to the notice of High
Court should be investigated and appropriate order is to be passed in
exercise of its jurisdiction under Article, 199 of the Constitution .

11. That no other adequate remedy is available to the petitioner for

seeking direction against the respondent # 1 for demolition except by
filling this constitution petition in this Honorable Court .

12. That there is no impugned order in this constitution petition , and the
petitioner has not filed any other petition prior to this constitution
petition nor he has filed any complaint before any court of law on the
subject matter for the relief prayed in this constitution petition.

P R A Y E R

The petitioner therefore prays that this Honorable Court may be

pleased to issue appropriate writ/ direction as under:-

(a) Directing to the respondent # 1 to perform its duty legally vested to

him and demolish illegal / unauthorized construction raised by
respondent # 2 to 4 along with walls of basement , which have closed
eight windows of the basement of Jetpur Plaza, constructed on plots
No 33/1,2,3 and 4 of Amir Khusro Road Karachi with direction to
submit report of its compliance in this Honorable Court.

(b) Any other equitable relief (S) as this Honorable Court may deem fit
and proper under the circumstances of this constitution petition.
Karachi Petitioner
Dated: 14 -10-2004

Advocate for the Petitioner

VERIFICATION
I, Abdul Gaffar Tai, Son of Yousaf Tai, Muslim Adult President of
Jetpur Memon Relief Society having its office at Flat No.10 & 11,
Ground Floor, Jetpur Plaza, Amir Khusro Road, Karachi / petitioner
above named do hereby state and verify on oath that whatever has
been stated above is true and correct to the best of my knowledge,
information and belief.

Deponent

The deponent is identified by me

Advocate

Oath administered before me by the deponent above named at

Karachi on this 14 day of October, 2004, the deponent is identified to
me by Mr. Ashraf Ali Butt Advocate, who is personally known to me.

Commissioner for taking Affidavit

Documents field with annexed a to E

Documents relied upon as above and all other
Necessary documents
Address for service As given in the memo of
Of the petitioner this constitution petition

Address for service of M/s Aashar Law Associates

The petitioner’s counsel Office No -19, mezzanine Floor
Al-Burhan Center Saddar Karachi.
Phone. 7233100, 7236986 & 7221264
 IN THE HIGH COURT OF SINDH
AT KARACHI

Constitution Petition No-D- /2004

Jetpur Memon Relief Society…………………….……………..Petitioner.

VERSUS

Chief Controller of Building& others………….……….Respondents.

C. M. A. No. /2004

APPLICATION UNDER SECTION 151

CODE OF CIVIL PROCEDURE

On consideration of the facts and grounds disclosed in the

accompanying affidavit, it is most respectfully prayed that this
Honorable court may be pleased to exempt the petitioner from filing
original/certified copies of Annexed A,B,C, and E.

prayer in the greater interest of justice and equity.

Karachi.
Dated: 14-10-2004 Advocate for the petitioner.
 IN THE HIGH COURT OF SINDH
AT KARACHI

Constitution Petition No-D- /2004

Jetpur Memon Relief Society…………..………………….Petitioner.

VERSUS

Chief Controller of Building & others……………….…..Respondents.

AFFIDAVIT
1. I, Abdul Gaffar Tai, Son of Yousaf Tai, Muslim Adult President of
Jetpur Memon Relief Society having its office at Flat No.10 & 11,
Ground Floor, Jetpur Plaza, Amir Khusro Road, Karachi, do hereby
state on oath as under:-

1. That I am petitioner in the above matter, as such am fully conversant

with the facts there of and able to depose the same.
2. That the accompanying application for inspection of site has been
drafted and filed by my counsel under my specific instructions,
contents therein are true and correct to the best of my knowledge,
information and belief.
3. That I shall be seriously prejudiced and shall suffer an irreparable
loss, until accompanying application is allowed.
4. That whatever stated above is true and correct to the best of my
knowledge and belief.
Karachi 14-10 -2004. DEPONENT.

Identified by me .
Advocate.

Stated on Oath before me by the deponent above named at Karachi,

on this the 14 day of October, 2004 , the deponent was identified to
me by Mr. .Ashraf Ali Butt, Advocate, who is personally known to me.

Commissioner for taking affidavit.

 IN THE HIGH COURT OF SINDH
AT KARACHI

Constitution Petition No-D-253 /2001

Muhammad Yahya Godil………………………..………...…Petitioner.

VERSUS
Chief Controller of Building& others………….…………..Respondents.

C. M. A. No. /2001

APPLICATION UNDER ORER XXXIX RULE 1 AND 2

R/W SECTION 151 CODE OF CIVIL PROCEDURE

On consideration of the facts and grounds disclosed in the

accompanying affidavit and in the memo of petition , it is most
respectfully prayed that this Honorable court may be pleased to
restrain the respondents # 2 and 3, his agents ,workers ,attorneys
and all other person (S) working for them, on their behalf from
raising further illegal construction in violation of approved plan
over plot # Z-130 ,Adamjee Nager, Tipu Sultan Road Karachi and
further from creating third party interest, pending disposal of this
Constitution Petition.

An ad-interim injunction is to be solicited meanwhile in terms of main

prayer in the greater interest of justice and equity.

Karachi.
Dated: 12-10-2004 Advocate for the petitioner.
 IN THE HIGH COURT OF SINDH
AT KARACHI

Constitution Petition No-D- /2004

Muhammad Yahya Godil……………………………………….Petitioner.

VERSUS

Chief Controller of Building& other…………………...…..Respondents.

AFFIDAVIT

1. I, Muhammad Yahya Godil,Son of Muhammad Saddique Godil, Muslim

Adult Resident of 24-A, AdamJee Naga, off. Tipu Sultan Road
Karachi, do hereby state on oath as under:-

2. That I am Office Secretary of the petitioner in the above matter, as am

fully conversant with the facts there of.

3. That the accompanying application under order XXXIX Rule 1 and 2

read with section 151, Code Of Civil Procedure has been drafted and
filed by my counsel under my specific instructions, contents therein
are true and correct to the best of my knowledge, information and
belief.

4. That construction raised on arcade by respondent # 2 and .3 of ‘China

Garden’ over his plot # Z-130 AdamJee Nagar is absolutely illegal
and without approved plan and the same is liable to be demolished as
due to this illegal construction rights of the petitioner and occupants
 of the vicinity have been hampered. Any further construction if any
raised by respondent # 2 and 3 shall create difficulties for every one
therein.

5. That I say that I have good prima facie case and balance of convenience
lies in my favor and there is likely hood that I shall win in this
petition .

6. That for the sake of brevity and in order to avoid duplication, I adopt the
contents of accompany application as well as main petition as an
integral part and parcel of this affidavit and do not repeat the same.

7. That I shall be seriously prejudiced and shall suffer an irreparable loss,

until accompanying application is allowed.

8. That whatever stated above is true and correct to the best of my

knowledge and belief.

Karachi
Dated: 12-10-2004. DEPONENT.

Identified by me .

Advocate.

Stated on Oath before me by the deponent above named at Karachi,

on this the 01 day of February, 2001 , the deponent was identified to
me by Mr. .Ashraf Ali Butt, Advocate, who is personally known to me.

Commissioner for taking affidavit.

 IN THE HIGH COURT OF SINDH
AT KARACHI

Constitution Petition No-D- /2004

Jetpur Memon Relief Society………………….……………...Petitioner.

VERSUS
Chief Controller of Building& others…………………..Respondents.

C.M.A # /2004

APPLICATION UNDER ORDER XVIII

RULE 18CODE OF CIVIL PROCEDURE,

On consideration of facts and grounds disclosed in the accompanying

affidavit , it is most respectfully prayed that this Honorable court may be

pleased to direct the Nazir of this Honorable to inspect the site of plot #

SNCC-33/1,2,3 and 4, Amir Khusro Road Karachi (Jetput Plaza ) and

submit report of illegal construction raised thereon, as a result 8

windows of basement has been closed.

Karachi.
Dated : 14-10-2004 Advocate for the petitioner.
 IN THE HIGH COURT OF SINDH
AT KARACHI

Constitution Petition No-D- /2004

Muhammad Yahya Godil………………..………………….Petitioner.

VERSUS

Chief Controller of Building & others……………….…..Respondents.

AFFIDAVIT

I, Muhammad Yahya Godil,Son of Muhammad Saddique Godil,

Muslim Adult Resident of 24-A, AdamJee Naga, off. Tipu Sultan Road
Karachi do hereby state on oath as under:-

1. That I am petitioner as such am fully conversant with the facts there

of and able to depose the same.

2. That the accompanying application under Order XVIII Rule 18 Code

Of Civil Procedure has been drafted and filed by my counsel under
my specific instructions, contents therein are true and correct to the
best of my knowledge, information and belief.

3. That I say that the respondent # 2and 3 have raised illegal

construction have occupied seven feet land of arcade without
approved plan , inspection is just and necessary. as respondent # 1
has failed to discharge its lawful duty.
4. That I shall be seriously prejudiced and shall suffer an irreparable
loss, until accompanying application is allowed.

5. That whatever stated above is true and correct to the best of my

knowledge and belief.

Karachi
Dated: 01-02-2001. DEPONENT.

Identified by me .
Advocate.

Stated on Oath before me by the deponent above named at Karachi,

this 12 day of October, 2004 , the deponent was identified to me by
Mr. .Ashraf Ali Butt, Advocate, who is known to me personally.

Commissioner for taking affidavit.

 IN THE HIGH COURT OF SINDH
AT KARACHI

Constitution Petition No-D- /2004

Jetpur Memon Relief Society…………....……………….Petitioner.

VERSUS
Chief Controller of Building & others......………..………..Respondents.

APPLICATION UNDER RULE IX CHAPTER III A,

VOLUME V SINDH CHIEF COURT RULES

It is most respectfully submitted that this Honorable Court may

kindly be pleased to treat this matter as urgent motion and fix in
Court on .10.2004 for Preliminary hearing, as if immediate
action is not taken, the private respondents will raise more illegal
construction and shape of the property shall be changed.

The prayer is made most earnestly in the greater interest of Justice

and equity.

Karachi.
Dated: 13.10 .2004. Advocate for the petitioner.
 IN THE HIGH COURT OF SINDH
AT KARACHI

Constitution Petition No-D- /2004

Muhammad Yahya Godil………………………………….Petitioner.

VERSUS

Chief Controller of Building & others………..………..Respondents.

APPLICATION UNDER ORDER IX RULE 4 R/W

SECTION 151 CODE OF CIVIL PROCEDURE

On consideration of facts and grounds incorporated in the

accompanying affidavit, it is most respectfully prayed that this
Honorable Court may be pleased to set aside/ recall the order dated
15-03-2001, dismissing the petition in default and restore the same to
its original position.

Prayer is made most earnestly in the greater interest of justice and

equity.

Karachi Advocate for the petitioner

Dated: 16-03-2001
 FOR IMMEDIATE USE

IN THE HIGH COURT OF SINDH

AT KARACHI

Constitution Petition No-D- /2004

Muhammad Yahya Godil………………….………………….Petitioner.

VERSUS

Chief Controller of Building & others ………...…………..Respondents.

AFFIDAVIT

I, Ashraf Ali son of Hassan Muhammad Butt, Muslim adult, having

office at 19 & 20, Mezzanine Floor, Al-Burhan Center Saddar
Karachi do hereby state on oath as under:

1. That I counsel of the petitioner in the above matter and am fully

conversent with facts thereof and able to depose the same.

2. That on 15-03-2001, when this petition was fixed for preliminarily

hearing, I was also busy in Special Criminal ATA #. 95/2000, before
learned DB – IV, First Appeal #. 89/2000, before Mr. Justice Zia
Perwez, Civil Suit # 1529/2000 before Mr. Justice Sarmad Jalal
Osmany and Execution # . 24/1996.

3. That this petition was fixed in Additional list and in main list there
were 39 cases in katcha peshi and I was under impression that
number of this petition will come after tea break.
4. That I checked in the tea break and found that the matter has been
dismissed in non-prosecution.

5. That my absence was not deliberate nor will full but was for the
reasons mentioned above.

6. That I say that order dated 15-03-20001 be recalled, otherwise

petitioner shall be seriously prejudiced and suffer and irreparable
loss.

7. That I adopt the contents of accompanying application as an integral

part and parcel of this affidavit and in order avoid duplication do not
repeat the same.

That whatever stated above is true and correct to the best of my

knowledge, information and belief.

Deponent

Stated on oath by the deponent above named at Karachi on this 12

day of October, 2004, the deponent being a practicing advocate is
known to me personal to me.

Commissioner For Taking Affidavit

 IN THE HIGH COURT OF SINDH
AT KARACHI

Constitution Petition No-D- /2004

Muhammad Yahya Godil………………..………………….Petitioner.

VERSUS
Chief Controller of Building & another………..………..Respondents.

APPLICATION UNDER RULE IX CHAPTER III A,

VOLUME V SINDH CHIEF COURT RULES

It is most respectfully submitted that this Honorable Court may

kindly be pleased to treat this matter as urgent motion and fix in
court on 31.05.2001 for Katcha peshi as if immediate action is
not taken, the respondent # 2 will raise more illegal construction
over her plot and this will hamper the rights of people of vicinity
and particularly of the petitioner.

The prayer is made most earnestly in the greater interest of Justice

and equity.

Karachi.
Dated: 12.10 .2004. Advocate for the petitioner.
 IN THE HIGH COURT OF SINDH
AT KARACHI

Constitution Petition No-D- /2004

Habib………………………………………….…………….…….Petitioner.

VERSUS

Chief Controller of Building & others………………..Respondents.

APPLICATION UNDER ORDER IX RULE 4 R/W

SECTION 151 CODE OF CIVIL PROCEDURE

On consideration of facts and grounds incorporated in the

accompanying affidavit, it is most respectfully prayed that this
Honorable Court may be pleased to set aside/ recall the order dated
15-03-2001, dismissing the petition in default and restore the same to
its original position.

Prayer is made most earnestly in the greater interest of justice and

equity.

Karachi Advocate for the petitioner

Dated: 12-10-2004
 FOR IMMEDIATE USE

IN THE HIGH COURT OF SINDH

AT KARACHI

Constitution Petition No-D-1673 /2000

Habib…………………………………………………………….Petitioner.

VERSUS
Chief Controller of Building
& others ………………………..………………..………..Respondents.

AFFIDAVIT

I, Ashraf Ali son of Hassan Muhammad Butt, Muslim adult, having office at 19 & 20, Mezzanine
Floor, Al-Burhan Center Saddar Karachi do hereby state on oath as under:

1. That I counsel of the petitioner in the above matter and am fully conversent with facts thereof and able
to depose the same.

2. That on 15-03-2001, when this petition was fixed for preliminarily hearing, I was also busy in Special
Criminal ATA #. 95/2000, before learned DB – IV, First Appeal #. 89/2000, before Mr. Justice
Zia Perwez, Civil Suit # 1529/2000 before Mr. Justice Sarmad Jalal Osmany and Execution # .
24/1996.

3. That this petition was fixed in main list at serial # 32 and I was under impression that number of this
petition will come after tea break.

4. That I checked in the tea break and found that the matter has been dismissed in non-prosecution, while
illegality has come on record as Nazir has inspected the site and this Honorable court was pleased
to grant injunction order.

5. That my absence was not deliberate nor will full but was for the reasons mentioned above.

6. That I say that order dated 15-03-20001 be recalled, otherwise petitioner shall be seriously prejudiced
and suffer and irreparable loss.
7. That I adopt the contents of accompanying application as an integral part and parcel of this affidavit
and in order avoid duplication do not repeat the same.

That whatever stated above is true and correct to the best of my knowledge, information and
belief.

Deponent

Stated on oath by the deponent above named at Karachi on this 16 day of March, 2001, the
deponent being a practicing advocate is known to me personal to me.

Commissioner For Taking Affidavit

 IN THE HIGH COURT OF SINDH
AT KARACHI

Constitution Petition No-D- /2004

Habib………………………………………….………………….Petitioner.

VERSUS
Chief Controller of Building
& others ………………………..………………..………..Respondents.

APPLICATION UNDER RULE IX CHAPTER III A,

VOLUME V SINDH CHIEF COURT RULES

It is most respectfully submitted that this Honorable Court may

kindly be pleased to treat this matter as urgent motion and fix in
court on 21.03.2001 restoration application for order. As
illegality of the respondents has been noted down by the Nazir in
inspection and by dismissing this petition injunction order has also
been vacated and if immediate action is not taken, the respondent # 3
will raise more illegal construction over his plot.

The prayer is made most earnestly in the greater interest of Justice

and equity.

Karachi. Advocate for the petitioner.

Dated: 16.03 .2001.