Preservation or protection

Preservation or protection of heritage building/protected heritage mentioned in Chap.15 of Karachi Building and Town Planning Regulations, 2002 does not fall within scope of Sindh Buildings Control Ordinance, 1979

Such power, authority and jurisdiction rests only with the Committee and government under Ss. 8, 10, 12 & 18 of the Sindh Cultural Heritage (Preservation) Act, 1994

Such jurisdiction has overriding effect by virtue of S.19 of Sindh Cultural Heritage (Preservation) Act, 1994

Sindh Cultural Heritage (Preservation) Act, 1994 and Sindh Buildings Control Ordinance, 1979 are special laws and independent of each other having specific provisions for making rules and regulations only for carrying out their respective purposes

Rules or regulations made under either of the two laws cannot be applied to subject matter of the other law

Provisions of Chap.15 of Karachi Buildings and Town Planning Regulations, 2002 are ultra vires the Sindh Cultural Heritage (Preservation) Act, 1994 and Sindh Building Control Ordinance, 1979 and in clear conflict with Sindh Cultural Heritage (Preservation) Act, 1994, therefore, cannot be applied to protected heritage declared under Sindh Cultural Heritage (Preservation) Act, 1994.