| Citation(s) |
|---|
| 2026 SLD 3322 = 2026 SHC 421 |
Sindh High Court
Constitutional Petition No. D-1826 of 2025
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
25.2.2026 Mr. Muhammad Tariq Mansoor, advocate / petitioner in person Mr. Abdul Jalil Zubedi, Assistant AG M/s Syed Ghulam Shabbir Shah, Irtafa-ur-Rehman, and Dhani Bux Lashari advocate for the respondent / SBCA Mr. Mubarak Ali Shah, advocate for the respondent / KDA
Constitutional Petition No. D-1826 of 2025
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
25.2.2026 Mr. Muhammad Tariq Mansoor, advocate / petitioner in person Mr. Abdul Jalil Zubedi, Assistant AG M/s Syed Ghulam Shabbir Shah, Irtafa-ur-Rehman, and Dhani Bux Lashari advocate for the respondent / SBCA Mr. Mubarak Ali Shah, advocate for the respondent / KDA
(Muhammad Tariq Mansoor advocate
VERSUS
The Province of Sindh & others)
Law: Constitution of Pakistan, 1973
Section: 199, 8, 9, 10-A, 14, 24, 25, 37, 38, 189, 190
Law: Sindh Building Control Ordinance, 1979
Section: 21-A
Summary: The Petitioner challenged the SBCA Notification dated 13.03.2025, which amended the Karachi Building & Town Planning Regulations, 2002 (KBTPR-2002), alleging that it unlawfully allowed commercialization of residential properties, violated Supreme Court directions, and infringed constitutional rights. SBCA argued that the impugned notification had already been repealed on 13.05.2025 under Section 21-A of the Sindh Building Control Ordinance, 1979, making the petition infructuous. The Court held that since the challenged notification no longer existed and no evidence was produced showing any property was commercialized during its validity period, the petition had become ineffective. The petition was dismissed, with liberty granted to challenge any specific action taken under the repealed notification. Sections / Articles Used: Article 199, Constitution of Pakistan, 1973 Article 8, Constitution of Pakistan, 1973 Article 9, Constitution of Pakistan, 1973 Article 10-A, Constitution of Pakistan, 1973 Article 14, Constitution of Pakistan, 1973 Article 24, Constitution of Pakistan, 1973 Article 25, Constitution of Pakistan, 1973 Article 37, Constitution of Pakistan, 1973 Article 38, Constitution of Pakistan, 1973 Article 189, Constitution of Pakistan, 1973 Article 190, Constitution of Pakistan, 1973 Section 21-A, Sindh Building Control Ordinance, 1979 2 Two-Word Descriptions: Building Regulations Commercialization Challenge ORDER Petitioner, who is present in person, has filed this Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer: - To declare that: the Respondent No2, impugned Amendment Notification, dated 13th March, 2025, is arbitrary, unlawful ultra vires, unconstitutional, in contravention with beyond the scope of the Parent Act, i.e., SBCO, 1979, and in violation of the KBTPR-2002, R.2.81, Chapter, 3, Chapter-5, Chapter-17, Chapter-24,25 etc. the principles of natural justice, fair trial and due process of law, hence, unlawful, null and void ab inito forthwith. To may declare and direct that the impugned Amendments Notification at relevant time areβ¦