Law: Sindh Building Control Ordinance, 1979

Section: V,6(1),7A,18,18A,18D,19

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Building Control Ordinance (V of 1979)-------Ss. 6(1) , 7-A , 18 & 19 [as introduced through the Sindh Building Control (Amendment) Ordinance, 1982 and the Sindh Building Control Authority (Amendment) Ordinance, 2013]---Constitution of Pakistan, Art. 199---Infractions committed by construction entities or builders---Legal proceedings, initiating/conducting of---Constitutional petition---Maintainability---Doctrine of exhaustion of remedies---Scope---Petitioners filed constitutional petition seeking demolition of construction having been illegally raised by Respondents on occupied land situated behind their (petitioners') place of residence ('building-in-question')--Submission of the Respondents (Sindh Building Control Authority/SBCA) was that the construction was being raised on the basis of approved plan and the violation committed so far had been removed; that in case of any violation in future, the same would be removed/demolished---Validity---In light of the record (including submission made by the respondents/SBCA ), it was acknowledged that the petitioners had not substantiated any legal transgressions or procedural anomalies in relation to the building-in-question---In instances of contravention of subsection (1) of S. 6 of the Sindh Building Control Ordinance, 1979, ('the Ordinance 1979'), SBCA is endowed with the legal authority under S. 7-A of the Ordinance 1979 to undertake actions prescribed/prerogatives encompassing sealing structures wherein construction endeavours are in breach of the prescribed regulations, specifically, those executed without an officially endorsed plan from the Sindh Building Control Authority (SBCA) or in deviation from an authorized schematic---Such enforcement actions by the SBCA, undertaken "without prejudice" to any additional remedies they may choose to initiate, ought to be construed as a testament to their expansive regulatory dominion, which includes the authority to demolish unlawful structures on said property or to initiate criminal proceedings against the transgressors---Furthermore, the prerogative vested in the SBCA under S. 7-A of the Sindh Building Control Ordinance, 1979, operates autonomously from…