Khawaja MUHAMMAD RAFI Versus NAUMAN Muhammad Iqbal Khanzada

ORDER

1. Through instant petition, the petitioners have impugned the regularization of apartment building that was effected on 7-12-2004. First complaint of the unauthorized construction purportedly made on 8-1-2005. It appears that the petitioners slept throughout the period of construction and when the building has been completed in all respects, the regularization for ground plus two floors only for the residential purpose has been approved and possession has been handed over. Learned counsel for the petitioners has not been able to explain the laches and delay in approaching the Court. Accordingly, we decline to interference in exercise of writ jurisdiction. In case, where the violation is found invariably demolition and removal of unauthorized construction is made and like-wise where the petitions are found without any just cause and result of some animosity, the same are dismissed with cost. Accordingly, the petition appears to be motivated which is dismissed together with the listed application with cost of Rs.5,000 to be deposited within one week, otherwise the petition may be fixed for due enforcement. Messrs. Muhammad Ikram Siddiqui, Manzoor Ahmed, Dilawar Hussain and Sarwar Khan, learned counsel submit that the direction may be given to the petitioners to deposit said cost in the High Court Bar Library Fund within specified period. Order accordingly.

2. H.B.T./M-13/K Petition dismissed.