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MUHAMMAD ANAS KAPADIA versus M. FAROOQ HAJI ABDULLAH AND 5 OTHERS


Sindh Local Government Ordinance (XXVII of 2001), Article 195, Sixth Schedule Items 24 and 25 Civil Procedure Code (v. 1908), A. XXXX, RR 1 and 2 Sindh Chief Court Rules (OS), R76 Constitution of Pakistan (1973), Arts 9, 14, 23, 24 and 25 Suit for Declaration, Order and Cancellation of Document, Request for Approval of Prohibition Commercialization of residential plot in residential area was residential plot in residential area and the claimant was resident of the said residence. The plaintiffs had prayed in the petition under O XXXIX, Rr 1 & 2, CPC read with R76, Sindh Chief Court Rules (OS) that the plot owner was resident and for no other purpose. Korah be stopped using the plot. Prevent the administration from commercializing and / or approving plans for commercial buildings Legally, the question remains, was it located in the residential area and the claimant was a resident of the area, the defendants had the right to object to the height of the building. Young people in their neighborhood provided that their privacy, light and air rights would be interrupted; the proposed commercial process, of course, was in violation of the lease owner's clause as long as they Did not receive any approval from the person and without its approval the authorities issued the NOC for land use change and An amount of Rs. 81,00,000 was demanded from Luder, who did not provide the same by-laws prepared by the City District Government for approval. It was apparently issued by the authorities, the terms of the lease. Was violated and Builder 2003 could not violate the terms of the lease, taking advantage of BioLaz, the breach of the lease terms

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