| Citation(s) |
|---|
| 2026 SLD 3283 = 2026 SHC 638 |
Sindh High Court
C.P.No.D-79,74 of 2022,C.P.No.D-376 of 2024
Presented By: MR. JUSTICE ADNAN-UL-KARIM MEMON, J. MR. JUSTICE ZULFIQAR ALI SANGI, J.
Date of hearing: 09.03.2026. Date of Order: 19.03.2026. Mr. Muhammad Saleem Mangrio, Advocate for the Petitioner in C.P. No.D-7974/2022. Mr. Hanif Faisal Alam, Advocate for Petitioner in C.P. No.D-376/2024. Mr. Zia-ul-Haq Makhdoom, Advocate for
Respondent a/w Ms. Hira Agha and Fatima Ashfaq, Advocates for
Respondents Nos.4 to 6 in C.P. No.D-7974/2022 and for
Respondent No.5 in C.P. No.D-376/2024. Mr. Sarmad Hani along with Mr. Meezan Ali, Advocates for
Respondent No.5 in C.P. No.D-376/2024. Mr. Ayan Mustafa Memon, Advocate for
Respondent No.7. Mr. Qaim Ali Memon, Advocate for
Respondent. Mr. Syed Zaeem Haider, Advocate for Applicant/Intervener. M/s. Amanullah Qazi and Humaira Jatoi, Advocates for SBCA. Mr. Anwar Khalid, Advocate for Sindh Master Plan Authority. Ms. Nazia Siddiqui, Advocate for KDA. Mr. Abdul Jaleel Zubedi, A.A.G.
C.P.No.D-79,74 of 2022,C.P.No.D-376 of 2024
Presented By: MR. JUSTICE ADNAN-UL-KARIM MEMON, J. MR. JUSTICE ZULFIQAR ALI SANGI, J.
Date of hearing: 09.03.2026. Date of Order: 19.03.2026. Mr. Muhammad Saleem Mangrio, Advocate for the Petitioner in C.P. No.D-7974/2022. Mr. Hanif Faisal Alam, Advocate for Petitioner in C.P. No.D-376/2024. Mr. Zia-ul-Haq Makhdoom, Advocate for
Respondent a/w Ms. Hira Agha and Fatima Ashfaq, Advocates for
Respondents Nos.4 to 6 in C.P. No.D-7974/2022 and for
Respondent No.5 in C.P. No.D-376/2024. Mr. Sarmad Hani along with Mr. Meezan Ali, Advocates for
Respondent No.5 in C.P. No.D-376/2024. Mr. Ayan Mustafa Memon, Advocate for
Respondent No.7. Mr. Qaim Ali Memon, Advocate for
Respondent. Mr. Syed Zaeem Haider, Advocate for Applicant/Intervener. M/s. Amanullah Qazi and Humaira Jatoi, Advocates for SBCA. Mr. Anwar Khalid, Advocate for Sindh Master Plan Authority. Ms. Nazia Siddiqui, Advocate for KDA. Mr. Abdul Jaleel Zubedi, A.A.G.
(Mst. Hafsa Binte Arshad
VERSUS
Province of Sindh and others) (Asad Waqar versus Province of Sindh and others)
Law: Constitution of Pakistan, 1973
Section: 199
Law: Karachi Development Authority Order, (5 of 1957)
Section: 5
Law: Sindh Public Property (Removal of Encroachment) Act, (XVIII of 2010)
Section: 3(1)
Summary The petitions challenged the legality of a lease, land regularization, and approval of a commercial building on land claimed to be part of KDA Scheme No. 24 and designated for a petrol pump. The petitioners argued that the land belonged to KDA, that the lease and regularization were illegal, and that SBCA unlawfully approved a high-rise commercial project. The respondents contended that the land had been lawfully allotted before the KDA scheme, the lease and regularization were valid, and the petitioners had no locus standi. The Court held that the dispute primarily involved complex questions of title and ownership requiring evidence, which cannot be decided in constitutional jurisdiction under Article 199. It ruled that cancellation of registered lease documents and declaration of title fall within the jurisdiction of the civil courts. Accordingly, both petitions were dismissed as not maintainable, leaving the petitioners free to seek relief before the competent civil forum. Sections Used Article 199, Constitution of the Islamic Republic of Pakistan, 1973 Specific Relief Act, 1877 (declaration/cancellation of title documents) Colonization and Disposal of Government Lands Sindh Act, 1912 Karachi Development Authority Order, 1957 (Article 45) KDA (Disposal of Land) Rules, 1971 Sindh Public Property (Removal of Encroachment) Act, 2010 (Section 3(1)) 2-Word Description Property Ownership Constitutional Maintainability JUDGMENT By this common Judgment, we propose to dispose of the instant petitions along with the listed applications, as they involve identical questions of law and fact and arise out of the same set of circumstances. The Petitioner Mst. Hafsa Binte Arshad has filed “Constitution Petition No.D-7974/2022” under Article-199 of the Constitution of Islamic Republic of Pakistan, 1973 seeking following relief:- Declare that KDA is the lawful owner of land admeasuring 1.666.66 30 yards in Survey No. 171 Deh Gujra, Block 13-C. Gulshan-e-Iqbal, KDA Scheme 24, Main University Road Karachi (the Subject Property), and it forms part of Scheme-24 of KDA, Declare that the Lease Deed dated 23.07.1996 is illegal and void ab…