Special Court Under Section 18-A of the Sindh Building Control Ordinance, 1979
Introduction
The Sindh Building Control Authority (SBCA) is responsible for regulating construction and ensuring compliance with building laws in Sindh, particularly in Karachi. To strengthen enforcement, Section 18-A of the Sindh Building Control Ordinance, 1979, provides for the establishment of Special Courts to deal exclusively with violations of the ordinance, such as unauthorized constructions, illegal alterations, and deviations from approved building plans.
Purpose of Special Courts
The primary objective of these courts is to ensure swift legal action against offenders who violate building regulations. By having a specialized judicial body, the government aims to curb unauthorized construction, enforce compliance, and uphold urban planning standards.
Establishment and Jurisdiction
The Sindh Government is empowered under Section 18-A to establish Special Courts across the province. These courts have exclusive jurisdiction to try cases related to:
• Illegal construction
• Violation of approved building plans
• Non-compliance with SBCA orders
• Other offences outlined in Section 19 of the Sindh Building Control Ordinance, 1979
Previously, the Sindh High Court directed the government to establish these courts on a district basis to enhance the enforcement mechanism.
Who Can File a Complaint?
An aggrieved person cannot directly file a complaint in the Special Court. Under Section 18-A, only:
1. The Sindh Building Control Authority (SBCA)
2. A person authorized by SBCA
can file a complaint before the court.
If an individual is affected by an unauthorized construction or a violation of building laws, they must first approach SBCA and request action. If SBCA finds merit in the complaint, it may initiate proceedings in the Special Court.
However, if SBCA fails to take action, an aggrieved person can file a constitutional petition in the High Court to seek redress.
Scope of Offences
The Special Court handles offences specified under Section 19 of the ordinance, which include:
• Construction without approval
• Encroachments and illegal structures
• Non-compliance with notices issued by SBCA
• Obstruction of SBCA officers in performing their duties
Upon conviction, penalties may include demolition orders, fines, or imprisonment, depending on the severity of the violation.
Enforcement Mechanism
To ensure the effective implementation of court orders and prevent unauthorized construction, the Sindh Government has empowered SBCA officials with enforcement authority. These officials:
• Conduct inspections to identify violations
• Issue notices for compliance
• Take action against illegal construction, including sealing or demolishing unauthorized structures
• Implement the orders of the Special Court
Legal Procedure
The procedure for conducting trials in Special Courts is outlined in Section 18-D of the ordinance. This ensures that cases are handled efficiently, and offenders are brought to justice without unnecessary delays.
Contacting SBCA
For any complaints, queries, or legal assistance regarding building control matters, you can contact the Sindh Building Control Authority (SBCA) at:
Address: Civic Centre, Annexe, University Road, Gulshan-E-Iqbal, Karachi-5
Website: Visit SBCA Website
Conclusion
The Special Court under Section 18-A plays a crucial role in curbing unauthorized construction and enforcing building regulations in Karachi and Sindh. By providing a dedicated judicial forum, it ensures accountability, faster legal proceedings, and effective urban planning enforcement.
While aggrieved persons cannot directly file complaints, they can report violations to SBCA and, if no action is taken, pursue a constitutional petition in the High Court. Property owners, builders, and residents must remain aware of these regulations to avoid legal consequences and contribute to a well-planned city.
If you need legal assistance with illegal construction or any SBCA cases, don’t hesitate to Whatsapp at +923362418786 or email us at ask@lawyersofpakistan.com
We are dedicated to helping you resolve these matters promptly and affordably.