Law: Sindh Building Control Ordinance, 1979

Section: 6

Law: Constitution of Pakistan, 1973

Section: 18

  Case Summary: The petitioner, owner of Flat No.201, Sumya Homes, Karachi, was running a business of temporary rentals through online bookings from his residential flat. The Sindh Building Control Authority (SBCA) issued a notice dated 22.12.2025, claiming that the petitioner was carrying out commercial activities in a residential building without lawful permission, in violation of the Sindh Building Control Ordinance (SBCO), 1979. The petitioner challenged the notice, asserting that his fundamental right to conduct trade under Article 18 of the Constitution was infringed. The Court held that: Sumya Homes was developed purely for residential purposes. Under Section 6, SBCO 1979, a building cannot be used for purposes other than those approved without prior permission. The petitioner had neither sought nor obtained permission to convert the flat for commercial purposes. Article 18 rights are not absolute and are subject to lawful restrictions. Running temporary rentals constitutes commercial activity, requiring authorization from SBCA and the consent of residents. Decision: Petition dismissed. SBCA may proceed according to law. Sections/Articles Referenced: Section 6, Sindh Building Control Ordinance (SBCO), 1979 – Approval and permissible use of building plans. Article 18, Constitution of Pakistan – Freedom to trade, business, or profession, subject to law. Two 2-Word Descriptions of the Case: Residential Violation Commercial Restriction       O R D E R  Through this petition, the petitioner has claimed following relief(s): “a. Declare that the impugned notice dated 22.12.2025 is illegal, unlawful. malicious, ultra vires, and arbitrary, and is contrary to the settled principles of law Suspend the operation of the impugned notice dated 22.12.2025 Quash the impugned notice dated 22. 12. 2025 Restrain the Respondents, their agents, attorneys, subordinates, and officers from interfering with the Petitioner's property, taking any coercive action against him, or engaging in any illegal acts Impose heavy fines on Respondent Nos. 2 and 4 for their illegal acts and abuse of authority Initiate penal consequences against…