| Citation(s) |
| 2026 SLG 2109 2026 SLD 2109 = 2026 SHC 506 = 2026 SHC 624 |
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
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.
M/s. Super Long Route Bus Owners Association
VS
Federation of Pakistan and others, Anjuman-e-Tajiran & others vs Federation of Pakistan and others, Meer Sajjad Ahmed Shahwani vs Federation of Pakistan and others, Mumtaz Majeed vs Federation of Pakistan and others, Haji Abdul Raziq vs Province of Sindh & others, Abdul Qadoos Khan vs Federation of Pakistan and others, Abid Abdullah vs Federation of Pakistan & others, Ehsan-ur-Rehman & others vs Province of Sindh & others, Syed Abdul Qadeem Agha & another vs Province of Sindh & others, Jaffar Abdul Majeed & others vs Federation of Pakistan & others
Law: Constitution of Pakistan, 1973
Section: 4, 9, 10-A, 15, 18, 23, 24, 187(2), 190
Law: National Highway Authority Act, 1991
Section: 2(k), 10(2)(viii)
Law: Sindh Public Property (Removal of Encroachment) Act, (XVIII of 2010)
Section:
Law: National Highways and Strategic Roads (Control) Rules, 1998
Section: 3, 12
📌 Constitutional / Legal Provisions Used (from the order) Constitution of Pakistan, 1973 Article 4 – Right of individuals to be dealt with in accordance with law Article 9 – Right to life (includes safety, environment, access) Article 10-A – Right to fair trial and due process Article 15 – Freedom of movement Article 18 – Freedom of trade, business and profession Article 23 – Protection of property rights Article 24 – No compulsory deprivation of property except by law Article 187(2) – Supreme Court execution/support powers (mentioned) Article 190 – All executive/judicial authorities to act in aid of Supreme Court Statutes / Laws National Highway Authority Act, 1991 Section 2(k) – Definition of “road” (includes ROW) Section 10(2)(viii) – Power to develop/licence ancillary facilities West Pakistan Highways Ordinance, 1959 Section 8 (ROW determination / amendments basis) Land Acquisition Act, 1894 Acquisition procedure before taking private land Sindh Public Property (Removal of Encroachment) Act, 2010 Section 3 – Mandatory removal of encroachments from public property Section 12 – Tribunal jurisdiction (mentioned) National Highways and Strategic Roads (Control) Rules, 1998 Rule 2(x) – Definition of encroachment Pakistan Environmental Protection framework (Referenced generally + SEPA compliance) 📌 2-WORD Case Descriptions (multiple consolidated matters) ROW Dispute Encroachment Litigation Property Rights Public Interest Highway Development Environmental Protection Due Process Jurisdictional Review O R D E R By this common Order, we propose to dispose of the instant petitions along with the listed application, as they involve identical questions of law and fact and arise out of the same set of circumstances. (C.P. No. D-1524 of 2025). The facts, succinctly stated, are that the Petitioner is a law-abiding citizen of Pakistan and a resident of Karachi who, along with other inhabitants and daily commuters of Gulshan and the adjoining localities, regularly traverses the chowrangi located near Al-Asif Square. It is the…
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