SHC halts school operation in residential society

The Sindh High Court on Thursday restrained private school owners and others from using a residential house situated in Mohammad Ali Jouhar Memorial Cooperative Housing Society off Tipu Sultan Road for any purpose other than residential or permitting the use of house for a school until the final order.

The interim order came on lawsuits filed by Mehreen Shoaib and other residents challenging use of the residential property in MAJMCHS for the purpose of a school.

The plaintiffs’ counsel submitted that the residential house could not be utilized as a school in the relevant residential neighborhood and even a temporary sanction of such an activity would render the relevant laws otiose as well as perpetuate a nuisance upon the residential neighborhood.

The defendant’s counsel submitted that the Karachi building and town planning regulations were inapplicable and there was no restraint upon running a school in any residential property.

The counsel for MAJMCHS supported the case of the plaintiffs and

echoed the claim for placing a restraint upon utilizing the house for any educational and commercial purpose. The provincial law officer submitted that no commercial activity is permissible in a residential property.

A high court single bench headed by Justice Agha Faisal, after hearing the arguments of the counsel, observed that title documents of the property are available on file and there is absolutely no suggestion that the house is anything but residential.

The court observed that nothing has been placed on record to accord any regulatory sanction for the house to be used for any purpose other than residential.

The court observed that Regulation 18-4.2.2 of KBTP prescribes a specific methodology if a residential property is to be employed for educational purposes; however, admittedly, no such sanction is available.

It further said Regulation 18-4.8 contemplates nonresidential activity on a residential plot on a non-declared road over two hundred feet wide; however, admittedly, the house is not situated on a two-hundred foot road and even otherwise no change of land use permission appears to have been accorded.

The court observed that Regulation 18-5 prescribes the entire procedure to be adopted for change of land use and there is no suggestion that the same has been availed or exhausted. It said Regulation 25-2.2 contemplates the ratios for considering educational activity on residential plots and the minimum requirement expressed is a fifty-foot road width for a primary school.

It also observed that no permission for conversion has even been alleged before the court and the title document of the house demonstrates that it is situated on a fifty-foot road.

The court granted the plaintiffs application for an injunction and restrained the defendants from using the house situated on Talib ul Maula Street off Tipu Sultan Road for any purpose other than residential or permitting the use of house for a school until the final order of the case.