Case Details

Citation(s)
2026 SLD 3363 = 2026 SHC 946
Sindh High Court
CP No.D-992 of 2023
Presented By: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi
Dated 14.04.2026 M/s. Ahmed Ali Ghumro and Abdul Samee, Advocates for Petitioners Mr. Khuram Ghayas, Advocate for KMC. Mr. Dhani Bux Lashari, Advocate for SBCA. Ms. Humaira Jatoi, Advocate for SBCA. Mr. Haad Abid, Advocate for
Respondent No.6.

Muhammad Saleem Memon

VS

Province of Sindh & Others Sindh High Court, Karachi

Law: Constitution of Pakistan, 1973

Section: 199

Summary The petition concerned allegations of illegal construction and obstruction of the parking and basement entrance of Rizvi Chambers. An earlier order had directed the Director General, Sindh Building Control Authority (DG SBCA), to decide the petitioners' complaint through a reasoned speaking order after hearing all parties. As SBCA failed to comply and only issued a notice instead of a speaking order, the matter was relisted. The Court held that disputed questions regarding illegal construction, locus standi, and concealment of facts should first be determined by the competent statutory authority. Accordingly, the Court reiterated its earlier directions, requiring the DG SBCA to comprehensively examine the legality of the constructions, hear all stakeholders, and pass a speaking order within four weeks. All connected petitions were disposed of with liberty to the aggrieved parties to seek remedies in accordance with law. Sections / Articles Used Article 199, Constitution of the Islamic Republic of Pakistan, 1973 2 Two-Word Descriptions Illegal Construction Building Compliance ORDER SHEET The present petition No. 992 of 2023 was disposed of vide order dated 03.02.2025, wherein this Court observed that the primary grievance of the petitioners pertained to alleged illegal construction and obstruction at the entrance of the parking space and basement of Rizvi Chambers. This Court further noted that the petitioners might have additional complaints and, therefore, granted them liberty to file a fresh complaint before the Director General, Sindh Building Control Authority (DG SBCA), ensuring that such complaint was properly dated and addressed, along with proof of dispatch through TCS. It was directed that, upon receipt of such complaint, the DG SBCA shall pass a speaking order within a period of four months, after affording the petitioners an opportunity of being heard in accordance with law. A copy of the said order was also directed to be sent to the DG SBCA for compliance, and the petition, along with any pending applications, was disposed of in the above terms. Subsequently, a report was submitted on behalf of the respondent/SBCA stating that, in…
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