SHC stops private school from using residential premises for commercial purpose

KARACHI: The Sindh High Court has stopped the owner of a private school from using residential premises for a commercial purpose in the Old Clifton locality of the city.

In its interim order, the Court said that the residential property can only be used in line with the lease documents.

Citizens of the area had filed a petition seeking the Court directives to stop the owner from changing the residential status of the property into commercial, for a private school, on Street 12 A, off Shahra-e-Iran.

In the petition, they said that changing the status of a residential plot into commercial is against the law.

Counsel of the petitioners said that his clients are the residents of the area, challenging the illegal use of a residential property for commercial means.

He said that it is an entirely residential locality but the private respondents make attempts to use the property for a commercial purpose.

Width of the road is less than the minimum requirements for conversion of a property from residential to commercial as per the Karachi Building and Town Planning Regulations 2002, the counsel said.

He said that the founding of a school in the residential locality will increase movements of vehicular traffic, public presence, noise pollution and other sources of disturbance, which will be detrimental for the rights of residents of the area and petitioners.

The Court has passed interim orders on various civil suits regarding the similar disputes; he also pointed out the judgements of superior Courts that bar the commercial activities in residential areas. After the preliminary hearing on the petition, a division bench headed by Justice Junaid Ghaffar issued notices to the Sindh Building Control Authority, the school owner and others and called for their opinions on June 30.

Meanwhile, the Court stopped the private school owner from using the property for any other purpose but what the lease documents approve.

Copyright Business Recorder, 2022