| Citation(s) |
|---|
| 2026 SLG 2097 2026 SLD 2097 = 2026 SHC 346 |
Sindh High Court
Constitutional Petition No. D-5248 of 2025 Constitutional Petition No. D-986 of 2025
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order: 16.2.2026 Mr. Muhammad Hassan Arif advocate for the petitioner in CP No. D-5248/2025 Ms. Tania Alam advocate for the petitioner in CP No. D-986/2025 Mr. Abdul Jalil Zubedi, Assistant AG Ms. Wajiha Mehdi, Assistant Attorney General Ms. Bushra Salahuddin advocate for the respondent / DHA Mr. Muhammad Naeem advocate holds brief for Mr. Zain A. Soomro advocate for the respondent / CBC
Constitutional Petition No. D-5248 of 2025 Constitutional Petition No. D-986 of 2025
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order: 16.2.2026 Mr. Muhammad Hassan Arif advocate for the petitioner in CP No. D-5248/2025 Ms. Tania Alam advocate for the petitioner in CP No. D-986/2025 Mr. Abdul Jalil Zubedi, Assistant AG Ms. Wajiha Mehdi, Assistant Attorney General Ms. Bushra Salahuddin advocate for the respondent / DHA Mr. Muhammad Naeem advocate holds brief for Mr. Zain A. Soomro advocate for the respondent / CBC
(Moiz Shahzad
VS
Federation of Pakistan & others)/(Muhammad Kaleem Khan v Moiz Shahzad & others)
Law: Constitution of Pakistan, 1973
Section: 199, 10-A, 23, 24
Case Summary This case involves two connected constitutional petitions under Article 199 of the Constitution of Pakistan, 1973 regarding a dispute over alleged unauthorized conversion of a residential property and its sealing by authorities. One petitioner challenged the sealing of a residential house, claiming it was done without lawful authority, notice, or due process, violating constitutional protections. The other petitioner challenged the use of a residential property as a mosque, arguing it violated DHA and Cantonment Board zoning/building laws and caused nuisance and unauthorized land-use conversion. The Court examined due process (Article 10-A), property rights (Articles 23 & 24), and regulatory zoning powers. It held that no deprivation of property or enforcement action can occur without lawful procedure, but also that unauthorized land use (even for religious purposes) cannot be protected. Ultimately, the matter was resolved when the petitioner undertook to restore the property to its original residential use within 3 weeks, after which de-sealing was ordered and both petitions were disposed of. Legal Provisions / Sections Used (Numbers Only) 199, 10-A, 23, 24 (Constitution of Pakistan, 1973) DHA Karachi Building Control & Town Planning Regulations, 2020 Cantonment Act, 2020 KDA Zoning Regulations Lease / Sub-lease Conditions (property use restriction framework) 2 Two-Word Case Descriptions Sealing Dispute Zoning Violation O R D E R Petitioner Moiz Shahzad in CP No. D-5248/2025 has filed the Constitutional Petition No. D-5248 of 2025 under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer: - Declare that the Respondent No.2's act of sealing the Subject Property and depriving the Petitioner's access to the same is contrary to the law and the Constitution; Declare that the Respondent No.2 does not have any powers under the Order to seal any premises; Direct the Respondent No.2 and its officials to de-seal the Subject Property; Permanently restrain the Respondent No.2, its agents, assigns and anyone else acting under or for it from interfering with the…