| Citation(s) |
|---|
| 2026 SLG 2096 2026 SLD 2096 = 2026 SHC 340 |
Sindh High Court
CP.No.D-6509 of 2019
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order:- 18.02.2026 Mr. Muhammad Ikram Siddiqui, advocate for the petitioners. Mr. Amanullah Advocate, along with Ms. Humaira Jatoi, advocate for SBCA. Mr. Ali Safdar Depar, AAG.
CP.No.D-6509 of 2019
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order:- 18.02.2026 Mr. Muhammad Ikram Siddiqui, advocate for the petitioners. Mr. Amanullah Advocate, along with Ms. Humaira Jatoi, advocate for SBCA. Mr. Ali Safdar Depar, AAG.
Syed Muhammad Hussain Hashmi
VS
Province of Sindh & Others Sindh High Court, Karachi
Law: Constitution of Pakistan, 1973
Section: 199
📌 Case Summary This constitutional petition under Article 199 of the Constitution of Pakistan, 1973 concerns illegal and unauthorized construction on a residential plot in Nazimabad, Karachi. The Sindh Building Control Authority (SBCA) reported that construction was carried out beyond the approved plan (from sanctioned Ground + 1 to unauthorized multi-storey structure). Despite earlier partial demolition orders, enforcement could not be fully executed due to law and order issues and resistance by occupants. The Court found that such obstruction cannot justify continuation of illegality and directed SBCA, along with local administration and police, to ensure complete demolition of unauthorized portions strictly in accordance with law and due process. The petition was ultimately disposed of with enforcement directions. âš–ï¸ Sections / Legal Provisions Used Constitution of Pakistan, 1973 Article 199 – Constitutional jurisdiction of High Court (writ jurisdiction) Sindh Building Control Authority (SBCA) Laws / Regulatory Framework Unauthorized construction / deviation from approved building plan (general enforcement provisions under SBCA law) 🧾 2 × 2-Word Case Description Illegal Construction Demolition Enforcement O R D E R The petitioners filed this constitutional petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking directions to restrain respondents Nos. 4, 5 & 6 from continuing illegal construction on Residential Plot No. 36/10/E/5, Nazimabad, Karachi (133 sq. yds.), demolition of all unauthorized structures thereon, and initiation of penal action against them under S.B.C.A. laws. This is a case of unauthorized construction on the subject plot. As per SBCA’s report, approval was granted only for Ground + 1 Floor; however, the structure was demolished and replaced with Ground + Mezzanine + 4 Upper Floors. Earlier demolition action was undertaken by SBCA as reported on 15.03.2024. Upon inspection dated 29.01.2026, portions of the structure were found demolished, while the remaining ground (part),…