KARACHI: While disposing of a petition against the sealing of an eatery, the Sindh High Court (SHC) has observed that the roadside seating and encroachment by any means are not permissible to ensure traffic flow, public safety and orderly use of public space.

A two-judge constitutional bench of the SHC, headed by Justice Adnan-ul-Karim Memon, also set aside the sealing of a restaurant in the Saddar area after petitioners submitted an undertaking not to encroach upon roads and operate within their lawful limits.

Citing the Karachi commissioner, district administration and others as respondents, Advocate Saeed Khan had petitioned the SHC along with his brother and submitted that they owned a restaurant in Saddar and that on Jan 5, the district administration had sealed it “on the pretext of encroachment” during the ongoing drive.

They also alleged that an assistant commissioner along with his staff had physically assaulted one of the petitioners at the time of sealing the premises, forcibly made him sit in a police van and also confiscated mobile phones.

The assistant commissioner concerned also appeared before the court and submitted that the Standard Operating Procedures (SOPs) had been established pursuant to a notification issued by the competent authority on Jan 5, to regulate roadside seating by eateries and cafes to ensure traffic flow, public safety and convenience.

Bench allows unsealing of eatery after petitioner submits undertaking to follow SOPs

He also submitted that the actions were within the SOPs but the petitioners attempted to bribe the officials. He said he was willing to de-seal the premises and return the mobile phone if the petitioners had submitted an undertaking to comply with the SOPs and refrain from further encroachments in future.

After hearing both sides, the bench in its order noted that under the SOPs, the thoroughfares were categorised as seating was prohibited on roads over 100 feet, commercial/secondary roads between 60 and 100 feet and residential/mixed-use streets under 60 feet whereas seating was allowed only with a No Objection Certificate (NOC).

To obtain an NOC, an eatery must apply with CNIC, trade license, rental agreement and undertaking, followed by a joint inspection by the town municipal officer, traffic police and mukhtiarkar, it added.

The order also said that the town officer forwards recommendations to the deputy commissioner, who grants conditional approval for one year, and the NOC must be displayed while it may be suspended or cancelled for violations, with repeated breaches leading to blacklisting.

While reproducing the SOPs in its order, the bench said, “In view of the above, the roadside seating/encroachment by any means is not permissible to ensure traffic flow, public safety, and orderly use of public space. The petitioners have now submitted an undertaking before this court that they will refrain from encroaching upon public roads and operate their restaurant within the lawful limits specified”.

After the undertaking, it stated that the petitioners were expected to comply with all laws, policies and SOPs and accordingly, the sealing of the subject restaurant was set aside and mobile phone, if any, confiscated was restored to its owner. The Sindh government and the head of the KMC shall ensure compliance with the order forthwith without fail, it concluded.

Published in Dawn, January 13th, 2026