Protected Heritage

2025 CLC 1664 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 39, 42 & 54Sindh Cultural Heritage (Preservation) Act (XII of 1994), Ss. 6 (1), 8, 10 & 18Sindh Building Control Ordinance (V of 1979), S. 14Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2Suit for cancellation, declaration and injunctionInterim injunction, grant ofDangerous buildingProtected heritage

Plaintiff was aggrieved of notification issued by authorities declaring suit property as protected heritage and restraining demolition of the structure, which had already been declared dangerous by Sindh Building Control Authority

Plaintiff sought suspension of the notification restraining demolition of suit property

Validity

No agreement was entered into under S. 8 of Sindh Cultural Heritage (Preservation) Act, 1994, and neither the Provincial Government nor its Committee had any power to restrain demolition of the structure

Only power that the Committee could exercise was to acquire the structure under S. 12 of Sindh Cultural Heritage (Preservation) Act, 1994

It was only where there was a breach of an order that was passed under S. 10(1) of Sindh Cultural Heritage (Preservation) Act, 1994 that action could be taken under S. 10(2) or 18 of Sindh Cultural Heritage (Preservation) Act, 1994

Right to regulate dangerous buildings vested solely within the jurisdiction of Sindh Building Control Ordinance, 1979

Issue of whether or not a "protected heritage" was a "dangerous building" did not need to be referred to Provincial Government whose responsibilities and obligations under Sindh Cultural Heritage (Preservation) Act, 1994 were secured by their nomination on to the "Technical Committee for Dangerous Buildings" and where it could address any concerns at a meeting of that Committee

Sindh Buildings Control Authority was at liberty to issue demolition certificate without obtaining No Objection Certificate of Provincial Government or from the Committee but after passing a speaking order through its Technical Committee for Dangerous Buildings determining whether or not the structure on suit property was a Dangerous Building Category-1 or not

High Court suspended the notice in question issued by Provincial Government and the Committee, and both were restrained from interfering in any manner with the demolition of the structure on suit property, except through it's participation in a meeting of the Technical Committee for Dangerous Buildings for determining whether or not the structure on suit property was a Dangerous Building Category-1 or not

Interim injunction was granted accordingly.

2017 PLD 690 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 3Protected HeritageDeclarationProcedure

Decision of government to declare property of a private person/entity as protected heritage under Sindh Cultural Heritage (Preservation) Act, 1994 depends only on recommendation of Committee.

2017 PLD 690 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 3, 6, 7, 12 & 13Constitution of Pakistan, Arts. 4, 10-A, 23, 24, 25 & 199Constitutional petitionProtected heritageDiscretion, exercise of

Petitioners in the present case, are private persons who are owners of private properties subject matter of proceedings under Sindh Cultural Heritage (Preservation) Act, 1994

Plea raised by petitioners was that before declaring their properties as protected heritage, no prior notice of such decision/declaration was ever served upon them and all proceedings were illegal and mala fide

Validity

While exercising discretion and taking decision in such behalf, burden was upon government to show that discretion was not arbitrary, mala fide or biased and decision was taken after recording cogent and valid reasons fulfilling all requirements of Sindh Cultural Heritage (Preservation) Act, 1994 and rules made thereunder and by strictly adhering to well established principles of natural justice

Provisions of acquisition or compulsory acquisition of any property by government under S.7 or S.12 of Sindh Cultural Heritage (Preservation) Act, 1994 or agreement in respect thereof under S.8 of Sindh Cultural Heritage (Preservation) Act, 1994 or imposition of restrictions on its owner's rights under Ss.8 or 10(1) or 15 of Sindh Cultural Heritage (Preservation) Act, 1994 or imposition of any penalty under S. 18 of Sindh Cultural Heritage (Preservation) Act, 1994 was applicable only to such properties which were declared as protected heritage through due process of law, rules made thereunder and by strictly adhering to well established principles of natural justice failing which any of such provisions of Sindh Cultural Heritage (Preservation) Act, 1994 would be deemed to be a clear violation of inalienable fundamental rights of owner to acquire, hold and dispose of his property enshrined in Arts.23 & 24 of the Constitution

High Court set aside all notifications issued without exercising proper discretion, without fulfilling requirements of Sindh Cultural Heritage (Preservation) Act, 1994, without making any rules under Sindh Cultural Heritage (Preservation) Act, 1994 or following such rules and in violation of well-established principles of natural justice

Constitutional petition was allowed accordingly.