1646/2008 Suit Arshad Mahmood & Others (Plaintiff) V/S Province of Sindh (Defendant)

1646/2008 Suit Arshad Mahmood & Others (Plaintiff) V/S Province of Sindh (Defendant) Sindh High Court

Bench: Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author) Order Date: 23-DEC-19

Since the Hindu Gymkhana is a Government-owned protected heritage and the Subject Agreement is not with any private-owner of protected heritage under sections 7(3) to 7(5) or section 8 of the Sindh Cultural Heritage (Preservation) Act, 1994 [the Heritage Act], the role of the Advisory Committee envisaged under the said provisions is also not attracted. For the same reason the power of the Advisory Committee to pass a prohibitory order under section 10 of the Heritage Act, which is dependent on an agreement with the private owner under section 8 of the Act, is also not attracted. The record does not show that the Government sanctioned custodianship of the Hindu Gymkhana to the Advisory Committee under section 7(1) of the Heritage Act; nor does the criteria of section 13 of the Heritage Act seems to be met by the Hindu Gymkhana. Thus, having seen that the provisions of sections 7, 8, 10 and 13 of the Heritage Act are not attracted to the circumstances of the case, prima facie it cannot be said that construction of a theatre by NAPA on the land granted to it was prohibited by the Heritage Act, or that the said Act required NAPA to obtain the approval of the Advisory Committee before raising such construction. Impugned notice to remain suspended pending suit.