ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-2817 of 2023

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.13534/2023 (Urgent).

2. For order on CMA No.13535/2023 (Exemption).

3. For order on CMA No.13536/2023 (Stay).

4. For hearing of main case.

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Dated; 2^nd June 2023

Mr. Mujtaba Sohail Raja, Advocate for Petitioners.

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1. Urgency granted.

2. Exemption granted subject to all just exceptions.

3&4. Through instant Constitutional Petition, the petitioners have impugned show-cause notice dated 31.05.2023 issued by the Deputy Director, District South SBCA, to the petitioners wherein it has been alleged that the petitioners have established a school, namely, Veritas School by making material changes and addition / alteration on the subject plot in violation of Karachi Building & Town Planning Regulations, 2002 and violated the lease conditions of the subject plot, whereas, reference to subsection (I) and (III) of Section 6 of Sindh Building Control Ordinance has been made. According to learned counsel for the petitioners, above allegations are false, whereas, provision of section 6(I) & (II) of SBCO 1979 not attracted in the case of the petitioners, who have acquired the possession and tenancy rights over the subject plot, which are residential plot, however, situated on a commercial road, whereas, the petitioners have merely undertaken some renovation work, however, no addition / alteration in the existing structure has been made. It has been further contended by the learned counsel for the petitioners that Regulation 19-2-2-3 relates to schools for educational uses, which falls under the purview of residential use, therefore, there is no case of change of the land use as alleged in the impugned show cause notice. Per learned counsel, before the petitioner could submit any response to the impugned show-cause notice, respondents have forcefully stopped the work of renovation, and there is likelihood that they will seal the premises any day without providing any opportunity of being heard to the petitioners, therefore, instant petition has been filed seeking protection against illegal acts by the respondents with the request to restrain them from taking any adverse action against the petitioners in violation of law and/or without providing an opportunity of being heard.

Let pre-admission notices be issued to the respondents as well as to the Advocate-General, Sindh, to be served through first three modes, for 16.06.2023, when reply/comments, if any, shall be filed with advance copy to the learned counsel for petitioners. In the meanwhile, petitioner may submit response to the impugned show-cause notice by raising all such factual and legal grounds, which shall be taken into consideration by the respondents before proceeding any further. However, till the next date of hearing, respondents may not take any adverse action against the petitioners, including sealing of subject school of the petitioners pursuant to the impugned show-cause notice, as referred to hereinabove.

J U D G E

*Farhan/PS*