KARACHI: The Sindh High Court (SHC) has issued notices to the Sindh Building Control Authority (SBCA), Karachi Development Authority (KDA) and others on a petition filed by some residents of Clifton against the Pakistan Airlines’ Pilots Association (Palpa) for allegedly allowing commercial use of an amenity plot in violation of its own constitution as well as applicable laws.

The SHC also ordered the director general of the SBCA to ensure the appearance of the deputy director concerned along with relevant record about the subject plot.

A two-judge constitutional bench of the SHC headed by Justice Yousuf Ali Sayeed further put the Advocate General Sindh on notice for Aug 3 and also asked the deputy director SBCA to file a report regarding the status of the complaint filed by the petitioner in the matter.

Citing the DG SBCA, deputy director (South), DG KDA, Pakistan Airlines’ Pilots Association (Palpa), College of Accounting & Management Science & Palpa Institute of Aviation and Management Sciences (CAMS & PIAMS) and others as respondents, Zahid Khan and several other residents of Kahkashan, KDA Scheme 5, Clifton had petitioned the SHC.

Bench issues notices to SBCA, KDA

The petitioners argued that they were aggrieved by illegal and unauthorised use of an amenity plot, located in their neighbourhood, into a commercial educational institution and they have moved the court to safeguard their fundamental rights.

The counsel for petitioners Umair Nabi and Manzar Bashir submitted that Palpa was the allottee of the amenity plot No. ST-31 in Block 5 and it has illegally allowed and facilitated misuse of the plot by permitting a commercial educational institution to operate from its premises in violation of its own constitution as well as the applicable laws.

They also contended that the educational institution (CAMS & PIAMS) was illegally operating on the subject amenity plot, causing nuisance and injury to the petitioners and other residents of the locality.

The lawyers further maintained that the specific purpose of the plot was defined in Palpa’s constitution as it was to be used for school and library/club purposes by the association, but the same has been sub-let in complete violation of the terms of the allotment for establishing a full-fledged college/university institute.

They argued that the educational institution has initiated a massive advertisement campaign prominently displaying banners on the premises as well as in the neighbourhood offering admissions and effectively converting the amenity club into a commercial educational institution.

They also submitted that establishment of college/ university and consequent influx of students, faculty and visitors posed a severe threat to the security, safety and tranquillity of the residential locality and it will inevitably lead to traffic congestion, noise pollution and an increased risk of anti-social activities, thus violating the right to life and peaceful enjoyment of property of the residents.

They further submitted that the petitioners had filed complaints with the authorities concerned including the officials of SBCA, KDA and Palpa, highlighting the illegality and seeking their intervention while they had also lodged a complaint through SBCA’s official Smart Complaint Redressal Mechanism (SCRM) on July 6 and as per the SOP, a decision on the same must be communicated to parties within 14 days.

However, the lawyers argued that no action has so far been taken, compelling the petitioners to invoke constitutional jurisdiction of the SHC as allowing land for educational use must comply with strict conditions laid down in the Karachi Building and Town Planning Regulations, 2002 including mandatory road width requirement while the plot in question did not meet the compulsory condition for a college or university under the law.

They also maintained that Palpa was a not-for-profit entity and by engaging in an activity of converting use of land for a purpose other than its original allotment and to generate revenue therefrom was deemed to be a commercial activity which has jeopardised its not-for-profit status under the Income Tax Ordinance 2001.

Referring to a 2015 judgement of the Supreme Court, they further contended that the SC had categorically held that amenity plots cannot be converted to any other use without following the procedure prescribed under the law and that any violation was illegal.

The lawyers maintained that the plot in question was situated in a residential neighbourhood and establishment of a large-scale educational institution in such an area was essentially a commercial activity and illegal operation of the college will directly and disproportionately affect petitioners and other residents.

The petitioners pleaded to declare the impugned action of establishing a college/university at residential neighbourhood as illegal and without lawful authority and to direct SBCA to take immediate action against Palpa and the educational institute as well as to seal the premises.

They also sought ad-interim injunction restraining respondents concerned from using the subject plot for any purpose other than for which it was originally allotted/sanctioned and from operating any commercial educational institution on the subject premises.

After a preliminary hearing, the bench issued notices to the respondents as well as the Advocate General Sindh for Aug 3.

“The DG SBCA is directed to ensure that the concerned deputy director is in attendance on the said date along with relevant record pertaining to the subject plot as well as a report regarding status of the complaint submitted by the petitioners in the matter”, the bench in its order concluded.

Published in Dawn, July 26th, 2026