English
The plaintiffs leased apartments in a residential complex in Karachi from the Ministry of Housing and Works. The lease contained a provision preventing the land from being converted to commercial use. Defendant No. 5 purchased the plot and planned to convert it into a commercial premises. The plaintiffs brought a suit for injunction against the Defendants in order to stop them from proceeding with the development. It was alleged that the commercialization of the plot was against the provision in the lease deed saying that the nature of the complex could not be changed. Furthermore, the plaintiffs argued that constructing a commercial premises would cause among others traffic jams, parking problems, noise and air pollution and problems to the water supply and sewerage. This would lead to negative impacts on the plaintiffs’ quality of life protected by Article 9 of the Constitution.
Defendant No. 5 contended that they had received a No-Objection Certificate from the Karachi Development Authority for the development.
The Court rejected Defendant No. 5’s claims and held that the plaintiffs were entitled to enforce the restrictive covenant in the lease deed and to maintain a suit for injunction in order to enforce their right to enjoyment of life and a peaceful and healthy environment.