| Citation(s) |
| 2026 SLG 610 2026 SLD 610 = 2026 SHC 509 = 2026 SHC 515 = 2026 SHC 517 = 2026 SHC 522 |
Sindh High Court
C.P. No. D-2436 of 2022 C.P. No. D-5129 of 2022 C.P. No. D-8006 of 2022 C.P. No. D-5169 of 2023 C.P. No. D-6352 of 2023 C.P. No. D-1524 of 2025 C.P. No. D-1959 of 2025 C.P. No. D-2006 of 2025 C.P. No. D-4109 of 2025 C.P. No. D-5004 of 2025 C.P. No. D-2436 of 2022
Presented By: MR. JUSTICE ADNAN-UL-KARIM MEMON, J. MR. JUSTICE ZULFIQAR ALI SANGI, J.
Date of hearing : 09.02.2026 Date of order : 27.02.2026 Syed Qaim Ali Shah advocate a/w Taimoor Ali Mangrio Advocate for the petitioner in C.P.No.D-2436 of 2022. Malik Naeem Iqbal, Advocate for the petitioner in C.P.No.D-4109 of 2025. Mr. Hanif Faisal Alam, advocate a/w Abdul Qadeer Naich advocate for SCORE in C.P.No.D-2505 of 2021, C.P.No.D-2436, 5129, 8006 of 2022 and C.P.No.D-5169 of 2023. Mr. Muhammad Vawda, advocate for the applicant (CMA No. 21160/2025). Mr. Abdul Haseeb Qazi, advocate for respondent No.08 in C.P No.D-2436 of 2022 & 5129 of 2022. Mr. Umair Usman advocate for the petitioner in C.P.No.D-5169 of 2023 a/w Mr. Muhammad Shahmeer Memon and Ms. Areeba Maqool Mr. Zaeem Haider, advocate for the intervener in C.P.No.D-6352/23 Mr. Muhammad Yasir advocate for petitioner in C.P.No. D-1959 of 2025.
Super Long Route Bus Owners Association
VS
Federation of Pakistan Anjuman-e-Tajiran & Others vs Federation of Pakistan Meer Sajjad Ahmed Shahwani vs Federation of Pakistan Mumtaz Majeed vs Federation of Pakistan Haji Abdul Raziq vs Province of Sindh Abdul Qadoos Khan vs Federation of Pakistan Abid Abdullah vs Federation of Pakistan Ehsan-ur-Rehman & others vs Province of Sindh Syed Abdul Qadeem Agha & another vs Province of Sindh Jaffar Abdul Majeed & others vs Federation of Pakistan
Law: Constitution of Pakistan, 1973
Section: 4, 9, 10, 18, 23, 24, 187, 190, 199
Law: National Highway Authority Act, 1991
Section: 2(k), 2(j),10(2)(viii)
Law: Provincial Insolvency (West Pakistan Amendment) Ordinance 1959
Section: 5, 8
Law: National Highways and Strategic Roads (Control) Rules, 1998
Section: 2(x)
Law: Sindh Public Property (Removal of Encroachment) Act, (XVIII of 2010)
Section: 3, 12
Case Summary The petitions collectively involve multiple property owners, residents, and business associations in Karachi who allege illegal encroachments and obstruction along public roads, green belts, and service roads, particularly along the M-9 Motorway (Super Highway). Petitioners claim that Respondents—including the National Highway Authority (NHA), Frontier Works Organization (FWO), and its subsidiary SCORE—have permitted or carried out unauthorized construction of petrol pumps, bus terminals, and other commercial facilities on land reserved for public use. The Petitioners contend that such actions: Obstruct traffic and access to their properties Violate zoning, environmental, and highway regulations Infringe fundamental rights, including Articles 4, 9, 10-A, 18, 23, 24, 187(2), and 190 of the Constitution Are undertaken without due process or compensation The Respondents deny encroachment, asserting all construction is within the legally acquired Right of Way (ROW) of the M-9, and that the matter involves disputed facts and policy discretion not amenable to constitutional adjudication. The petitions invoke constitutional jurisdiction under Article 199 for issuance of writs, including declarations, prohibitions, injunctions, and mandamus, to prevent further encroachment and protect public property. Sections / Legal Provisions Invoked Constitution of Pakistan, 1973 Article 4 (Fundamental rights enforcement) Article 9 (Right to life, safety, environment) Article 10-A (Right to fair trial/procedure) Article 18 (Trade/business rights) Article 23 (Property rights) Article 24 (Protection against deprivation of property) Articles 187(2) & 190 (Compliance with judgments/orders) Article 199 (Constitutional jurisdiction / writs) National Highway Authority Act, 1991 Section 2(k) & 2(j) (Definitions of “road” and ROW) Section 10(2)(viii) (Licensing of facilities along highways) West Pakistan Highways Ordinance, 1959 Sections 5, 8 (Highway management and ROW) National Highways and Strategic Roads (Control) Rules, 1998 Rule 2(x) (Definition of encroachment) Sindh Public Property (Removal of Encroachment) Act, 2010 Section 3 (Removal of…
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