FAISAL AMJAD vs PROVINCE OF SINDH Ss — 2025 CLC 1664 KARACHI-HIGH-COURT-SINDH

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FAISAL AMJAD VS PROVINCE OF SINDH Ss. 39, 42 & 54---Sindh Cultural Heritage (Preservation) Act (XII of 1994), Ss. 6 (1), 8, 10 & 18---Sindh Building Control Ordinance (V of 1979), S. 14---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Suit for cancellation, declaration and injunction---Interim injunction, grant of---Dangerous building---Protected heritage---Plaintiff was aggrieved of notification issued by authorities declaring suit property as protected heritage and restraining demolition of the structure, which had already been declared dangerous by Sindh Building Control Authority---Plaintiff sought suspension of the notification restraining demolition of suit property---Validity---No agreement was entered into under S. 8 of Sindh Cultural Heritage (Preservation) Act, 1994, and neither the Provincial Government nor its Committee had any power to restrain demolition of the structure---Only power that the Committee could exercise was to acquire the structure under S. 12 of Sindh Cultural Heritage (Preservation) Act, 1994---It was only where there was a breach of an order that was passed under S. 10(1) of Sindh Cultural Heritage (Preservation) Act, 1994 that action could be taken under S. 10(2) or 18 of Sindh Cultural Heritage (Preservation) Act, 1994---Right to regulate dangerous buildings vested solely within the jurisdiction of Sindh Building Control Ordinance, 1979---Issue of whether or not a "protected heritage" was a "dangerous building" did not need to be referred to Provincial Government whose responsibilities and obligations under Sindh Cultural Heritage (Preservation) Act, 1994 were secured by their nomination on to the "Technical Committee for Dangerous Buildings" and where it could address any concerns at a meeting of that Committee---Sindh Buildings Control Authority was at liberty to issue demolition certificate without obtaining No Objection Certificate of Provincial Government or from the Committee but after passing a speaking order through its Technical Committee for Dangerous Buildings determining whether or not the structure on suit property was a Dangerous Building Category-1 or not---High Court suspended the notice in question issued by Provincial Government and the Committee, and both were restrained from interfering in any manner with the demolition of the structure on suit property, except through it's participation in a meeting of the Technical Committee for Dangerous Buildings for determining whether or not the structure on suit property was a Dangerous Building Category-1 or not---Interim injunction was granted accordingly.

FAISAL AMJAD vs PROVINCE OF SINDH Ss — 2025 CLC 1664 KARACHI-HIGH-COURT-SINDH

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