Case Details

Citation(s)
2026 SLG 2258 2026 SLD 2258 = 2026 SHC 225
Sindh High Court
Constitutional Petition No. D-5770 of 2022
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order: 11.2.2026 Mr. Abdul Ahad advocate for the petitioners Ms. Zehra Sehar Vayani advocate for respondent No.1 Mr. Abdul Jalil Zubedi, Assistant AG Ms. Wajiha Mehdi, Assistant Attorney General Mr. Nadir Khan Burdi advocate for the LDA / respondent No.3

(Feroze 1888 Mills Limited & others

VERSUS

Board of Revenue & others)

Law: Constitution of Pakistan, 1973

Section: 199,23,24

📌 Summary: The petition concerned installation of 132 KV high-tension electricity poles along an 80-feet public road in Karachi near the petitioners’ industrial plots. The petitioners claimed the poles unlawfully obstructed access to their properties and violated their easement and constitutional property rights under Articles 23 and 24 of the Constitution. Respondents argued that the project was part of a national-level electricity transmission scheme with necessary approvals and served public interest. However, record showed serious dispute regarding validity of NOCs and placement of poles, with Nazir’s report indicating installation near boundary walls and possibly within the road. The Court held that while public interest projects are important, they must comply with law and not obstruct lawful access. The matter was disposed of with directions to re-examine the alignment of the transmission line to ensure legal compliance and protection of access rights. 📚 Sections / Articles Used: Article 199, Article 23, Article 24 (Constitution of Pakistan, 1973) 🧾 2 Two-Word Case Descriptions: Access Rights Utility Balance       ORDER Petitioners have filed the captioned Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer: - Declare that the installation and construction of High-Tension Electricity Poles on the 80 feet wide road/track located in Deh Moachko Tapo Gabopat, Keamari Town, Karachi next to the Petitioners' plots bearing Survey Nos.182, 183, 184, 185, 186, 187, 188, 189, 190, 243, 165, 166 is unlawful, disruptive of the peaceful possession of their properties and are in violation of their easement rights attached to the adjacent road; Direct the Respondents to relocate the installation and construction of the High-Tension Electricity Poles to a safe distance away from the boundary walls of the plots bearing survey Nos.182, 183, 184, 185, 186, 187, 188, 189, 190, 243, 165, 166, so as to render the 80 feet wide road/track accessible;   Permanently restrain the Respondents, their officials, agents or any one acting under their authority…
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