5040/2024 Const. P. Hari Das (Petitioner) V/S Province of Sindh & Others (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Hasan (Akber)
5040/2024 Const. P. Hari Das (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 Muhammad Hasan (Akber) Order Date: 20-MAY-26
In view of the above discussion, this petition is disposed of with the following directions:- i. The competent authority of the Directorate General (Antiquities & Archaeology), Government of Sindh, shall examine and finalize, strictly in accordance with law, the status of Plot No. SR-7/26 and the structure known as ???Alavi Building??? about its proposed/protected heritage status under the Sindh Cultural Heritage (Preservation) Act, 1994, after providing an opportunity of hearing to all concerned parties, preferably within a period of 60 days. ii. Till the final decision by the competent authority regarding Plot No. SR-7/26, respondent Nos. 5 and 6 shall not demolish, alter, or create any third-party interest in the existing structure situated upon Plot No. SR-7/26. iii. Since Plot No. SR-7/27 already stands demolished pursuant to demolition permission granted by SBCA, and the same is not presently declared or recommended as protected heritage; no restraint order is warranted about the said plot. However, this order shall not prejudice the rights of the petitioner or any other aggrieved person to seek appropriate remedy before the competent civil court/forum concerning tenancy, possession, easementary rights, compensation, or any other independent claim permissible under law. However, the possession of the subject property shall remain with the owners forthwith. iv. The parties shall cooperate with the concerned authorities during inspection/survey proceedings, and the competent department shall pass a speaking order independently without being influenced by any observation made herein, which are tentative in nature. 13. With the above observations and directions, this Constitution Petition stands disposed of along with all pending applications.