4039/2025 Const. P. Muhammad Jawed Iqbal & Shunaid Qureshi (Petitioner) V/S Province of Sindh & others (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi
4039/2025 Const. P. Muhammad Jawed Iqbal & Shunaid Qureshi (Petitioner) V/S Province of Sindh & others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi Order Date: 13-FEB-26
It is a settled principle of law that where a special statute provides a complete mechanism for redressal of grievances and regulation of matters falling within its domain, the same must be resorted to before invoking the constitutional jurisdiction of this Court. Since the Act ibid envisages the constitution of a Committee under Section 8 thereof to examine and grant approval in respect of any alteration, renovation, or development concerning a protected heritage property, the Petitioners are required to approach the said forum for appropriate permission, strictly in accordance with law and just upon approach the committee shall take final decision in accordance with law within reasonable time. 9. Accordingly, without touching upon the merits of the case, the instant Petition along with pending application(s), is disposed of with the direction that the Petitioners may avail the remedy available under the Sindh Cultural Heritage (Preservation) Act, 1994 and other applicable laws, whereafter any development activity shall be subject to approval granted by the competent authority in terms of the said Act.