694/2008 Suit Barrett Hodgson Pakistan (Pvt.) Ltd. & another (Plaintiff) V/S Pakistan Refinery Limited & others (Defendant)

Sindh High Court2014

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)

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694/2008 Suit Barrett Hodgson Pakistan (Pvt.) Ltd. & another (Plaintiff) V/S Pakistan Refinery Limited & others (Defendant) Sindh High Court Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 01-DEC-14 Rule 10 of Rule 1951 is an enabling provision for the concerned government. Such rule provides that either federal government or the provincial government, as the case may be, may by an order in respect of an area specified therein provide for securing that no building or building of such class, as may be specified in the order, shall be erected, extended or structurally altered except with the permission of that government as to lay out, material and construction. Thus, the words area specified does not and cannot be extended to restrain any adjacent land owner from raising construction in accordance with law. The word area specified in Rule 10 means the key-point such as 1-A etc. It is this area which is to be specified in the order to secure such area; either it may be point installation 1-A or 1-B, the concerned government may it be federal or provincial provide for securing such area that no building of such class as may be specified in the order referred above be erected without permission of that government unless that government gives permission with regard to its layout material and construction. Advocates: Abdul Hafeez Pirzada(ADVO-1240-SBC-KHS),KHALID ANWER & CO. ( A. K. BROHI ).(FIRM-157-SBC-KHI),Zahid F. Ebrahim(ADVO-4876-SBC-KHI),Dy Attorney General(DAG),Advocate General Sindh(ADVO-GEN-SBC-KHI)
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