Const. P. 1959/2025 (D.B.) Sindh High Court, Karachi - Abid Abdullah (Petitioner) — 2025 SHC 511

Official Citation: 2025 SHC 511

Court / Jurisdiction: Sindh High Court

Petitioner: Const. P. 1959/2025 (D.B.) Sindh High Court, Karachi - Abid Abdullah (Petitioner)

Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2025 SHC 511. In this matter between Const. P. 1959/2025 (D.B.) Sindh High Court, Karachi - Abid Abdullah (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: Const. P. 1959/2025 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 511 PARTIES: Abid Abdullah (Petitioner) ORDER DATE: 27-FEB-26 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon, Hon'ble Mr. Justice Zulfiqar Ali Sangi(Author) A.F.R: Yes ------------------------------------------------------------ ORDER SHEET IN THE HIGH COURT OF SINDH AT KARACHI _____________________________________________________________________ Date Order with Signature of Judge ____________________________________________________________________ PRESENT: MR. JUSTICE ADNAN-UL-KARIM MEMON, J. MR. JUSTICE ZULFIQAR ALI SANGI, J.

C.P.No.D-2436 of 2022 (M/s. Super Long Route Bus Owners Association Vs Federation of Pakistan and others)

C.P.No.D-5129 of 2022 (Anjuman-e-Tajiran & Others Vs Federation of Pakistan and others)

C.P.No.D-8006 of 2022 (Meer Sajjad Ahmed Shahwani Vs Federation of Pakistan and others)

C.P.No.D-5169 of 2023 (Mumtaz Majeed Vs Federation of Pakistan and others)

C.P.No.D-6352 of 2023 (Haji Abdul Raziq Vs Province of Sindh & others)

C.P.No.D-1524 of 2025 (Abdul Qadoos Khan Vs Federation of Pakistan and others)

C.P.No.D-1959 of 2025 (Abid Abdullah Vs Federation of Pakistan & others)

C.P.No.D-2006 of 2025 (Ehsan-ur-Rehman & others Vs Province of Sindh & others)

C.P.No.D-4109 of 2025 (Syed Abdul Qadeem Agha & another Vs Province of Sindh & others)

C.P.No.D-5004 of 2025 (Jaffar Abdul Majeed & others Vs Federation of Pakistan & others)

Date of hearing : 09.02.2026 Date of order : 27.02.2026

Syed Qaim Ali Shah advocate a/w Taimoor Ali Mangrio Advocate for the petitioner in C.P.No.D-2436 of 2022. Malik Naeem Iqbal , Advocate for the petitioner in C.P.No.D-4109 of 2025. Mr. Hanif Faisal Alam, advocate a/w Abdul Qadeer Naich advocate for SCORE in C.P.No.D-2505 of 2021, C.P.No.D-2436, 5129, 8006 of 2022 and C.P.No.D-5169 of 2023. Mr. Muhammad Vawda, advocate for the applicant (CMA No. 21160/2025). Mr. Abdul Haseeb Qazi, advocate for respondent No.08 in C.P No.D - 2436 of 2022 & 5129 of 2022. Mr. Umair Usman advocate for the petitioner in C.P.No.D -5169 of 2023 a/w Mr. Muhammad Shahmeer Memon and Ms. Areeba Maqool Mr. Zaeem Haider, advocate for the intervener in C.P.No.D-6352/23 Mr. Muhammad Yasir advocate for petitioner in C.P.No. D -1959 of 2025.

C.P.No.D-2436 of 2022 C.P.No.D-1524 of 2025 C.P.No.D-5129 of 2022 C.P.No.D-1959 of 2025 C.P.No.D-8006 of 2022 C.P.No.D-2006 of 2025 C.P.No.D-5169 of 2023 C.P.No.D-4109 of 2025 C.P.No.D-6352 of 2023 C.P.No.D-5004 of 2025 Page 2 of 25

O R D E R

ZULFIQAR ALI SANGI, J : By this common Order, we propose to dispose of the instant petitions along with the listed application , as they involve identical questions of law and fact and arise out of the same set of circumstances.

2. (C.P. No. D-1524 of 2025). The facts, succinctly stated, are that the Petitioner is a law-abiding citizen of Pakistan and a resident of Karachi who, along with other inhabitants and daily commuters of Gulshan and the adjoining localities, regularly traverses the chowrangi located near Al-Asif Square. It is the Petitioner’s contention that since the month of Ramadan, 2025, the said chowrangi has been unlawfully obstructed through the installation of heavy concrete barriers, thereby impeding the free flow of traffic and causing serious inconvenience to the general public. It is further alleged that Respondents No. 3 to 11 have encroached upon and obstructed the green belt adjoining the chowrangi, resulting in chronic traffic congestion. According to the Petitioner, the encroachment has been undertaken for ulterior commercial purposes, as the area in question has allegedly been leased out to petrol pumps, bus terminals, and truck addas. Owing to the closure of the chowrangi, commuters are constrained to undertake a detour of approximately 5 to 6 kilometers via Jamali Pull, thereby incurring loss of time, fuel, and financial resources, in addition to being exposed to heightened risks of road accidents due to instances of wrong-way driving. It is asserted that despite repeated written representations to the competent authorities, no remedial action has been taken. The Petitioner has, therefore, invoked the constitutional jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, in public inter est and for enforcement of fundamental rights, there being no other adequate or efficacious alternate remedy available.

3. (C.P. No. D-1959 of 2025). For purposes of adjudication, it is stated that the Petitioner is a law -abiding citizen of Pakistan and the lawful owner in possession of land measuring 10.00 acres, bearing Survey No. 69, Deh Tore, Tappo Konkar, Taluka Murad Memon,

District Malir, Karachi (hereinafter referred to as the ―Subject Land‖), acquired through a registered Gift Deed dated 22.05.19 96, duly mutated in the revenue record. The Subject Land abuts the Karachi – Hyderabad Motorway (M -9), and the Green Belt and Right of Way (ROW) are situated immediately in front thereof. It is the Petitioner’s categorical case that no acquisition proceeding s were ever initiated in respect of the said land. The Petitioner asserts that in April, 2025, certain individuals claiming to be contractors of the National Highway Authority (NHA), Frontier Works Organization (FWO), and SCORE (a subsidiary of FWO), alleg edly commenced encroachment, leveling, and construction activities upon the Green Belt and ROW by deploying heavy machinery, purportedly for commercial development. According to the Petitioner, such actions obstruct access to the Subject Land, contravene z oning and environmental regulations, jeopardize public safety, and compromise both the structural integrity and prospective expansion of the Motorway. It is further averred that despite submission of written complaints to the relevant authorities, no corrective measures were adopted; rather, the Petitioner was allegedly subjected to intimidation for raising objections. The impugned acts are stated to be in violation of the approved Master Plan of the M -9 and in disregard of binding orders passed by th is Court in connected matters restraining encroachments upon the Green Belt and ROW. In the absence of any adequate or efficacious alternate remedy, and asserting infringement of fundamental rights and matters of public importance, the Petitioner has invoked the constitutional jurisdiction of this Court.

4. (C.P. No. D-2006 of 2025). It is averred that the Petitioners are lawful owners in possession of a leasehold residential/commercial property measuring approximately 04 acres, situated at Deh Tore, Tappo Konkar, Taluka Murad Memon, District Malir, Karachi, acquired through a registered Conveyance Deed dated 25.10.2022. In or about May, 2025, officials and representatives of the National Highway Authority (NHA), along with other respondents, allegedly entered upon the front portion of the Petitioners’ property and demarcated the same, asserting —without furnishing any lawful notification or documentary substantiation—that the land formed part of the Right of Way (ROW) and had been acquired for a highway

project. On the basis of such assertion, the Respondents commenced construction activities, including the proposed establishment of a petrol pump, thereby allegedly obstructing and threatening to curtail the Petitioners’ access to and enjoyment of their propert y. The Petitioners maintain that no acquisition proceedings were initiated, nor any notice issued or compensation paid, as mandated under the Land Acquisition Act, 1894, read with the National Highway Authority Act, 1991. The Petitioners apprehend that, un der the guise of statutory authority, the Respondents intend to dispossess them and create third-party interests to their detriment. It is contended that the impugned actions are arbitrary, unlawful, and violative of Articles 23 and 24 of the Constitution of the Islamic Republic of Pakistan, 1973, leaving the Petitioners with no adequate or efficacious alternate remedy except to invoke the constitutional jurisdiction of this Court.

Reference has been made to C.P. No. D -2874/2024, wherein a learned Division Bench of this Court, vide order dated 06.06.2024, directed the respondents therein to act strictly in accordance with law and restrained them from dispossessing the petitioner without compliance with statutory requirements. It has further been disclosed that in C.P. No. D-4523/2017, the NHA has impugned the cancellation of mutation entries pertaining to the alleged ROW over the M -9 Motorway; however, the said controversy is stated to relate to State land and not privately owned property . The Petitioners se ek issuance of appropriate writ(s) under Article 199 of the Constitution, inter alia:

(i) A declaration that the Petitioners’ rights in respect of the subject property, including possession, construction, ingress, egress, and alienation, cannot be curtailed s ave in accordance with due process of law, and that the impugned acts of the Respondents are illegal and without lawful authority;

(ii) (ii) A writ of prohibition restraining the Respondents from interfering with the Petitioners’ lawful possession and enjoyment of the subject property or from undertaking construction, fencing, excavation, or licensing of third parties therein;

(iii) A permanent injunction in the above terms; and

(iv) Any other relief deemed just and proper in the circumstances.

Upon issuance of notice, the Respondents entered appearance and filed their respective objections. Respondent No. 5, through its authorized representative, has raised preliminary objections, contending that the petitions involve disputed questions of fact, particularly as to whether the land claimed by the Petitioners falls within the ROW transferred to NHA. It is asserted that the ROW was transferred pursuant to official orders and that development of ancillary facilities, including petrol pumps, is permis sible under the statutory regime governing national highways.

Respondents No. 2 and 3, in their counter -affidavit, have categorically denied any encroachment upon private land and maintain that all construction activities are confined strictly within the ROW of the M -9 Motorway. It is further stated that a site report prepared by the Project Director (M-9) reflects that the Petitioners’ land is situated approximately 450 feet away from the motorway’s ROW at Kilometer 14+750 (southbound side). The Responden ts contend that no fundamental right of the Petitioners has been infringed and that the petitions are not maintainable under Article 199 of the Constitution.

5. (C.P. No. D -2436 of 2022 ). The succinct facts, as pleaded in C.P. No. D -2436 of 2022 and the connected petitions, are that Petitioner No.1 is an association duly registered under the Societies Registration Act, 1860 and, through its members, operates lawful bus terminals/stands situ ated along the Main Super Highway (Karachi – Hyderabad side of the M -9 Motorway). Petitioners No.2 and 3 are members of Petitioner No.1 and claim to be lawful tenants/lessees in possession of land bearing Survey Nos. 361 and 362 –366, Deh Gujro, Tapo Songal, Scheme No. 33, District East, Karachi. The subject properties were allegedly acquired from the Evacuee Trust Property Board through regularization of possession, tenancy arrangements, and a registered lease deed, and the Petitioners assert uninterrupted, peaceful, and continuous possession thereof for several years. It is

further averred that rent and lease charges have been regularly paid, substantiated by receipts issued by the Evacuee Trust Property Board. Petitioner No.2 claims tenancy rights in respect of Plot No. A-1, Survey No. 363, Deh Gujro, Tapo Songal, Sector 15 -B, Scheme No. 33, Karachi, admeasuring 1045 square yards, under a Tenancy Agreement dated 04.07.2012. Petitioner No.3 asserts lawful leasehold rights over Survey No. 361, Sector 13 -B, Sche me No. 33, Karachi, admeasuring 2.04 acres, pursuant to a 30 -year Lease Agreement dated 18.03.2018 executed with the Evacuee Trust Property Board. Respondent No.8, namely Superhighway Construction Operation and Rehabilitation Engineering (SCORE) (Pvt.) Ltd ., is stated to be a wholly owned subsidiary of Frontier Works Organization (Respondent No.5) and to have been granted concessionary rights by the National Highway Authority (Respondent No.4) for the operation and maintenance of the M-9 Motorway under a Co ncession Agreement dated 10.03.2015. The Petitioners contend that since February 2022, Respondent No.8 has commenced construction activities by erecting boundary walls and other structures upon land allegedly reserved for the service road and green belt within the Right of Way (ROW) of the M-9 Motorway, directly abutting the Petitioners’ bus terminals. According to the Petitioners, such construction is illegal, mala fide, and intended for commercial exploitation by leasing public land to private transport o perators for the establishment of bus terminals and ancillary facilities. It is further averred that Respondent No.8 issued a letter dated 22.10.2021 to Petitioner No.2 alleging encroachment upon land belonging to the National Highway Authority and directi ng removal of buses within seven days. The allegation was refuted by Petitioner No.2 through a reply dated 26.10.2021, asserting that buses merely make transient pick-and-drop stops without occupying any portion of the service road or green belt. Thereafte r, Respondent No.8 addressed a complaint dated 18.03.2022 to the police authorities, including the SSP East and SHO, P.S. Sachal, culminating in registration of FIR No. 594 of 2022 against members of Petitioner No.1. The Petitioners allege that the said FIR was lodged with mala fide intent to harass and coerce them into surrendering their lawful possession. Reliance is placed upon prior proceedings before this Court, including C.P. No. 2505 of 2021, wherein directions were issued to the Commissioner Karachi and

Deputy Commissioner (East) to remove encroachments along the Super Highway. It is contended that the impugned construction is in derogation of the said judicial directives. The Petitioners submit that the impugned construction constitutes ―encroachmen t‖ within the meaning of Rule 2(x) of the National Highways and Strategic Roads (Control) Rules, 1998 and is violative of Section 2(k) of the National Highway Authority Act, 1991, which defines ―road‖ to include land within the Right of Way, inclusive of service roads and green belts. It is asserted that no commercial construction is permissible upon land reserved for public use and that Respondent No.8 lacks lawful authority or prior approval of the National Highway Authority for such development. The Peti tioners further contend that the actions of the Respondents infringe Articles 4, 10 -A, 18, 23, and 24 of the Constitution of the Islamic Republic of Pakistan, 1973, inasmuch as they amount to deprivation of lawful business and possession without due proces s of law. Accordingly, the Petitioners have prayed for declarations and directions, inter alia, to declare the letter dated 22.10.2021 illegal and void ab initio; to direct demolition and removal of the alleged illegal structures within the ROW; to restrai n interference with their possession and business; to prohibit coercive action including registration of false FIRs; and to grant any other appropriate relief.

Upon issuance of notice, Respondent No.8 filed its comments opposing the petitions. It is conte nded that no construction has been undertaken beyond the legally demarcated 670 -feet-wide Right of Way of the M -9 Motorway, originally determined under the West Pakistan Highways Ordinance, 1959 (as amended), and presently vested in the National Highway Authority under the National Highway Authority Act, 1991. It is further submitted that Section 10(2)(viii) of the said Act expressly empowers the National Highway Authority to license facilities on roads under its control, and that under the Concession Agree ment, SCORE has been granted exclusive development rights within the Concession Area corresponding to the ROW of the M -9 Motorway. Respondent No.8 maintains that the ancillary facilities under development—such as petrol pumps, bus terminals, bus bays, and commuter facilitation centers —are integral to safe and efficient

motorway operations, duly regulated and subject to the approval of the National Highway Authority. It is contended that issues relating to the necessity and desirability of such facilities fall within the realm of policy and executive discretion, not amenable to interference in constitutional jurisdiction absent violation of law or fun damental rights. The Respondent further asserts that the Petitioners have failed to demonstrate infringement of any vested legal right and that disputed questions of fact render the petitions not maintainable.

6. (C.P. No. D-4109 of 2025). The Petitioners, described as law - abiding fruit traders conducting business at the New Fruit Market, Super Highway, Karachi, submit that an open drainage channel (Naala) exists outside the premises of the said market. The Naala, being public land vested in the Market Co mmittee Karachi, squarely falls within the definition of ―public property‖ under the Sindh Public Property (Removal of Encroachment) Act, 2010 (hereinafter ―the Act, 2010‖). It is alleged that Respondent No.6, purportedly acting under the authority of Respondent No.5, namely Superhighway Construction Operation and Rehabilitation Engineering (SCORE), a subsidiary of Frontier Works Organization (FWO), has unlawfully undertaken construction over the said open drain by erecting shops and structures, thereby obstructing the natural flow of drainage water and posing grave public safety hazards. Warning notices were allegedly affixed at the site, threatening forcible removal of property in the vicinity. Despite representations made by the Petitioners and the Karachi (Wholesale) Fresh Fruits Merchants’ and Commission Agents’ Association to the Commissioner Karachi and the Market Committee Karachi, Respondents No.1 to 3 allegedly failed to initiate action. The Petitioners contend that the impugned construction is with out lawful authority, constitutes misuse of public land, and reflects administrative inaction and connivance, leaving them with no efficacious alternative remedy except to invoke constitutional jurisdiction. It is asserted that Section 3 of the Act, 2010 m andates removal of encroachments from public property and vests powers in the Government or authorized officers to require removal of illegal occupation. The continued inaction of Respondents No.1 to 3 is characterized as dereliction of statutory duty warr anting issuance of a

writ of mandamus. The purported licensing of public land by Respondent No.5 is alleged to be wholly without lawful authority and liable to be declared void ab initio. The Petitioners maintain that the subject land vests in the Governme nt of Sindh through the Market Committee Karachi and that no authority is competent to grant permission for construction thereon. Although Tribunals exist under Section 12 of the Act, 2010, their jurisdiction is confined to recipients of notices for remova l of encroachment; hence, the present relief sought—enforcement of statutory duties —falls within the constitutional jurisdiction of this Court. Appropriate declaratory and injunctive reliefs have accordingly been prayed for.

7. (C.P. No. D-5004 of 2025). The Petitioners claim to be lawful owners in possession of residential -cum-commercial and open commercial plots situated in Sector 15 -B, Scheme No. 33, Gulzar -e- Hijri, Karachi, abutting the M -9 Motorway (Super Highway). Adjacent thereto lies land designat ed as a green belt and service road, reserved for public use, environmental protection, and traffic regulation. It is alleged that since April 2025, Respondent No.8, namely Superhighway Construction Operation and Rehabilitation Engineering (SCORE), acting pursuant to a concession granted by the National Highway Authority under the National Highway Authority Act, 1991, has commenced construction upon the land reserved as the Super Highway Green Belt and Service Road directly in front of the Petitioners’ properties. The Petitioners contend that such construction is unauthorized, contrary to law, and in violation of repeated judicial directives restraining encroachments upon green belts and service roads. Reference is made to earlier constitutional petitions, i ncluding CP No. D -2505 of 2021 and CP No. D -2436 of 2022, wherein this Court directed removal of encroachments and prohibited construction upon land reserved for public purposes. It is asserted that Respondent No.8 has persisted in raising structures in de fiance of such orders, thereby obstructing access to the Petitioners’ properties and frustrating environmental directives issued by SEPA regarding plantation. The Petitioners submit that the impugned construction amounts to encroachment within the meaning of the National Highways and Strategic Roads (Control) Rules, 1998 and is

impermissible without prior written approval of the competent authority. Aggrieved thereby and having no alternate efficacious remedy, the Petitioners have invoked Article 199 of the Constitution, seeking directions to cease construction, remove illegal structures, and permanently restrain further encroachment, along with any other just and equitable relief.

8. (C.P. No. D-5129 of 2022). Briefly stated, the Petitioners comprise shop keepers and residents of Al -Asif Square, Scheme -33, Sohrab Goth, Karachi. Petitioner No.1 is the President of a duly registered traders’ association bearing Registration No. 0163/2000, representing approximately 200 shopkeepers engaged in wholesale and ret ail business at Al -Asif Square. Petitioner No.2 represents the residents of nearly 800 residential apartments situated within Al -Asif Square Apartments. Petitioner No.3 is the Chairman of a registered Long Route Bus Owners Association (Registration No. 028 /2000), whose members operate intercity transport services under valid route permits issued by the competent authority. According to the approved layout plan of the M -9 Motorway commencing from Sohrab Goth (Zero Point), the land in front of Al -Asif Square is earmarked for a 150 -feet- wide service road, a 40 -feet-wide green belt, and a 10 -feet-wide footpath intended…

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