Law: Sindh Building Control Ordinance, (XVII of 1979)

Section: 18-A,19(1),19(2),18-D,7-A ,18-A

Summary:

The petitioner challenged their neighbor's construction of a commercial building on a small plot, claiming it was illegal. The neighbor and SBCA defended the construction, citing a permit based on regulations for commercial plots. No official zoning plan was presented. The petitioner has since passed away, and the building was completed, making the petition’s issues moot. The court highlighted that the Special Court under the Sindh Building Control Ordinance handles such violations and that writ jurisdiction is a last resort after exhausting other remedies. The SBCA Director General was directed to investigate and decide on the matter within two months. The petition is closed.

Core Points:

• Petitioner alleged illegal construction by neighbor on a commercial plot.
• Respondents claimed construction was authorized under a permit (G+4 floors) specific to old city Sukkur.
• No official zoning plan was provided to verify construction legality.
• Petitioner passed away; construction completed; original concerns now moot.
• Sindh Building Control Ordinance (1979) sets up Special Courts for construction violations (Section 18-A).
• Only SBCA or authorized representatives can file complaints in Special Courts (Section 19(2)).
• Special Courts can also act on police reports (Section 18-D).
• Sindh government mandated to create district-level Special Courts as per 2013 amendment.
• Complaints can still be made to SBCA under Section 7-A or directly to Special Courts.
• Supreme Court ruling (Mian Azam Waheed, 2023 SCMR 1247) limits HC writ jurisdiction to last-resort scenarios.
• SBCA DG directed to hold hearing and decide within two months.

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