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HABIBULLAH versus KARACHI BUILDING CONTROL AUTHORITY


Karachi Buildings and Town Planning Regulations 1979 Regulation 16 Constitution of Pakistan (1973), Article 199 Constitution application lifting of unauthorized construction Applicant who was the owner of adjoining plots in the dispute raised objection to such construction. That the owners of the controversial plot were picking up. Unauthorized construction of the plot on the basis of an illegally approved building project; said the height of the building on the plot was above the podium level of Quaid-e-Azam Mazar. The applicant's lighting and air rights will be disturbed by the construction. That such construction would cause trouble and there was no minimum open space on all sides of the built-up area. The applicant failed to specifically indicate that any approved site development scheme or building project in connection with the construction was violated. The height of the building or the number of floors in any future road widening scheme or dispute raised by the respondents will exceed the legal limit or the record on the building property boundary record In the absence of such material, it cannot be said that in light of light and air, it would violate the rights of the applicants so no material / evidence was brought on record to show that the application for lifting the building. The petitioner will be upset that the petition cannot identify the applicants on the record with reliable substance that The final approved building project was in violation of the rules and regulations and the applicant failed to prove his / her requests / objections.

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