1079/2026 Const. P. Muhammad Yaseen & others (Petitioner) V/S SBCA & Others (Respondent)

1079/2026 Const. P. Muhammad Yaseen & others (Petitioner) V/S SBCA & Others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Hasan (Akber) Order Date: 20-MAY-26

In view of the above facts and circumstances, this Court is of the considered view that no equitable or constitutional relief regarding restoration of possession can presently be granted to any party in respect of a building which is structurally unsafe and dangerous for occupation. Since the dispute regarding ownership and possession requires proper adjudication before the competent civil forum or any other authority having jurisdiction, the parties are at liberty to seek appropriate remedies in accordance with law for the determination of their respective rights, title, and interest in the property. However, until such determination, public safety and enforcement of building regulations cannot be compromised. 9. Consequently, SBCA is directed to forthwith reseal the subject property and ensure that no person is allowed to enter, occupy, or use the premises in any manner whatsoever. SBCA shall also proceed strictly in accordance with the law regarding demolition or any further action required in respect of the dangerous structure. In case any person attempts to break the seal, interfere with the process of law, or unlawfully occupy the premises, the concerned SHO shall take immediate action in accordance with law, including proceedings under Section 154 Cr.P.C. 10. Without touching the merits of the case about claim and counterclaim of the parties on the subject premises, the petition, along with pending application(s), stands disposed of in the above terms.