RAJA ABDUL HAMEED versus SHEHRI-CBE THROUGH VICE-CHAIRPERSON
Sections 42 and 54 of the Civil Procedure Code (v. 1908) A XXXX residential plot approved for ground plus three-storey building in violation of the fourth and fifth-floor construction project plan on October 21, 2002 The interim order prohibits the construction of the 4th and 5th floors because the work was completed at the time of its construction. Such plots were later commercialized under Land Use and Master Planning Bye-Laws 2003, under which it was notified on 12 2 2004 that the applicants for modification of such interim order were subject to construction cost. Everyday there is an increase and in view of the change. Legal Position The proposed construction of a building on such a commercialized road is lawful. At the time of the approval of such interim order, the question before the court was whether such plot was executed in accordance with applicable law at the time of commercialization. The apex court had approved that the High Court had allowed such an interim order to be amended in view of the change in law or circumstances. The defendant shall strictly complete the fourth and fifth floors of the building in accordance with the approved Building Plan and the Karachi Building and Town Planning Regulations 2002. And instructs him that no third party shall, in his own right or interest, have any part in his or her possession, that the final decision of the case be heard and without prejudice to the rights and defenses which are available to the parties.
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