MUHAMMAD WASEEM vs DIRECTOR GENERAL SINDH BUILDING CONTROL AUTHORITY (SBCA) Ss

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MUHAMMAD WASEEM VS DIRECTOR GENERAL SINDH BUILDING CONTROL AUTHORITY (SBCA) Ss. 6(1) , 7-a , 18 & 19 [as introduced through the Sindh Building Control (amendment) Ordinance, 1982 and the Sindh Building Control authority (amendment) Ordinance, 2013]---Constitution of Pakistan, art. 199---Infractions committed by construction entities or builders---Legal proceedings, initiating/conducting of---Constitutional petition---Maintainability---Doctrine of exhaustion of remedies---Scope---Petitioners filed constitutional petition seeking demolition of construction having been illegally raised by Respondents on occupied land situated behind their (petitioners') place of residence ('building-in-question')---Submission of the Respondents (Sindh Building Control authority/SBCa) was that the construction was being raised on the basis of approved plan and the violation committed so far had been removed; that in case of any violation in future, the same would be removed/demolished---Validity---In light of the record (including submission made by the respondents/SBCa ), it was acknowledged that the petitioners had not substantiated any legal transgressions or procedural anomalies in relation to the building-in-question---In instances of contravention of subsection (1) of S. 6 of the Sindh Building Control Ordinance, 1979, ('the Ordinance 1979'), SBCa is endowed with the legal authority under S. 7-a of the Ordinance 1979 to undertake actions prescribed/prerogatives encompassing sealing structures wherein construction endeavours are in breach of the prescribed regulations, specifically, those executed without an officially endorsed plan from the Sindh Building Control authority (SBCa) or in deviation from an authorized schematic---Such enforcement actions by the SBCa, undertaken "without prejudice" to any additional remedies they may choose to initiate, ought to be construed as a testament to their expansive regulatory dominion, which includes the authority to demolish unlawful structures on said property or to initiate criminal proceedings against the transgressors---Furthermore, the prerogative vested in the SBCa under S. 7-a of the Sindh Building Control Ordinance, 1979, operates autonomously from the authority granted under S. 19 of the Ordinance 1979 for awarding penalty---Pursuant to the Sindh Building Control Ordinance, 1979, a Special Court has been established under the aegis of S. 18-a, specifically to adjudicate offences delineated in subsection (1) of S. 19---Said judicial body (Special Court ), in accordance with subsection (2) of S. 19, is empowered to initiate proceedings exclusively upon the lodgment of a complaint by the SBCa or an individual duly empowered by the SBCa under the provisions enshrined in S. 18-D of the Ordinance 1979 delineating the scope and purview of the Special Court---Thus, petitioner in the present case, retained the prerogative to initiate legal proceedings against any infractions committed by construction entities or builders, which could be pursued before the Sindh Building Control authority (SBCa) according to S. 7-a of the Sindh Building Control Ordinance, 1979, as well as before the Special Courts---Constitutional jurisdiction of the High Court should not be overused as a primary avenue for addressing all grievances and hardships---Instead, it should only be invoked when no other effective, alternative, and adequate legal remedies are available---Said principle is rooted in the doctrine of exhaustion of remedies, which requires a litigant to fully utilize the legal remedies provided by law before seeking a new one in a different court or jurisdiction---Said approach ensures that the judicial system functions efficiently and the higher Courts are not burdened with cases that could be resolved through other means provided by law---Thus, present subject matter laid beyond the ambit of constitutional jurisdiction of the High Court---Constitutional petition, being non-maintainable , was dismissed, in circumstances.

MUHAMMAD WASEEM vs DIRECTOR GENERAL SINDH BUILDING CONTROL AUTHORITY (SBCA) Ss — 2025 CLC 428 KARACHI-HIGH-COURT-SINDH

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