Law: Constitution of Pakistan, 1973

Section: 199

Law: Sindh Cultural Heritage (Preservation) Act, (XII of 1994)

Section: 6,8

Case Summary: Petitioners, owners of Plot No. 13, Civil Lines Quarters, Karachi, sought to continue construction around a structure declared a “Protected Heritage” under the Sindh Cultural Heritage (Preservation) Act, 1994. They challenged a Show Cause Notice issued by Respondent No.2 (SBCA/Committee) on 08.08.2025, claiming it was unlawful and malafide, and requested a court declaration preventing any coercive action. The Court observed that: The site contains a protected heritage structure. Construction requires approval from the Technical Committee under Section 8 of the Act. Previous SBCA permits were issued without site inspection, constituting a procedural lapse. Unauthorized development posed risks to structural stability, environment, and heritage integrity. The Court held that petitioners must follow the statutory mechanism under the Sindh Cultural Heritage Act, and no constitutional relief could be granted under Article 199. The petition was disposed of without addressing merits, directing the petitioners to obtain approval from the competent authority before continuing any construction. Sections/Articles Used: Article 199 – Constitution of Pakistan, 1973 (constitutional petition) Section 6 – Declaration of protected heritage structures (Sindh Cultural Heritage (Preservation) Act, 1994) Section 8 – Authority and approval process via Technical Committee (Sindh Cultural Heritage (Preservation) Act, 1994) Two 2-Word Descriptions for the Case: Heritage Protection Construction Dispute ORDER  Petitioners have filed this Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer: - Declare that the impugned notice issued by respondent No.2 on 08.8.2025 is unlawful and malafide. Declare that respondent No.2 has no jurisdiction to take any coercive measures against the petitioners.   It is the case of the Petitioners that they are the lawful owners of Plot No. 13, Sheet No. CL-7, Civil Lines Quarters, Karachi, upon which a structure exists that has been declared a “Protected Heritage” under Section 6 of the Sindh Cultural Heritage…