Law: Constitution of Pakistan, 1973

Section: 199

Summary:
The petitioners sought removal of illegal encroachment and unauthorized commercial activity (an iron/copper plant) in their residential area in Lyari, Karachi, claiming it caused safety hazards, environmental pollution, and violated their rights. Respondents, who are statutory authorities, failed to act despite complaints. The Court held that the matter falls under the Sindh Public Property (Removal of Encroachment) Act, 2010, which provides a statutory forum (Anti-Encroachment Tribunal) to address such grievances. The High Court under Article 199 cannot replace this statutory remedy. The petition was dismissed, but petitioners may approach the competent authorities or the Tribunal.

Sections/Provisions Used:

Article 199 – Writ jurisdiction of High Court (1973 Constitution)