Amendment in ‘residential uses’: SHC issues notice to SBCA, others

KARACHI: The Sindh High Court (SHC) has issued notices to the Sindh Building Control Authority (SBCA) and other civic bodies over a ‘controversial amendment’ redefining “residential uses” to include commercial and recreational activities.

The order was passed in a constitutional petition (CP No. D-1377/2025) filed by a group of Clifton residents challenging the March 13, 2025 notification issued by SBCA.

In its order dated April 8, 2025, the Acting Chief Justice took up the petition and issued notices to all respondents, including the Advocate General of Sindh, noting that the matter raises serious legal concerns. The court granted preliminary relief and fixed the next hearing for April 22, 2025.

According to the petitioners’ counsel, Advocate Arshad Tayebaly, the SBCA’s amendment attempts to convert residential zones into commercial ones “without fulfilment of any requirements for change of land use.” He pointed out that the redefinition of “residential uses” and the introduction of “recreational uses” — including cafés, food courts, and social venues — amounts to a drastic and unlawful change in regulations.

The petitioners — a group of 21 citizens residing in Clifton, including notable names such as Mehdi Chagla, Kamal Chinoy, Zahid Hamid, and others — have filed the constitutional petition under Article 199 of the Constitution, challenging the March 13, 2025 notification issued by the SBCA.

According to the petition filed, the respondent (SBCA) exceeded its authority and redefined “residential uses” to include commercial activity without statutory approval.

“The Impugned Amendment seeks to circumvent the judicial precedents of the Superior Courts including the Supreme Court of Pakistan regarding the law on land use and urban development,” the petition argues. “The Impugned Amendment being a delegated legislation has gone beyond the bounds of the Sindh Building Control Ordinance and other governing laws.”

Copyright Business Recorder, 2025