02 Feb 2026
Fawad Younas S/O Muhammad Younas, Resident of Board Phatak, Danishabad Road, Peshawar. ……………………………………………….Petitioner VERSUS 1. MS Qatar Heights, Board Phatak, Danishabad Road, Peshawar. 2. Directorate of West, Ca
WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN 1973
Relief on acceptance of the instant W.P:
It is, therefore, most humbly prayed that upon acceptance of this Writ Petition, this Hon’ble Court may graciously be pleased to issue appropriate writ(s) directing the Respondents to forthwith halt all ongoing construction of “Qatar Heights” that violates the Approved Master Plan, sanctioned building plan, easement rights, or the statutory provisions of the KP Land-Use and Building Control Act, 2021 and KP Building Bye-Laws 2017; to seal the premises until full compliance with law is ensured; and to carry out mandatory inspection and demolition of all unauthorized, unsafe, or encroached portions raised in derogation of the Plaintiff’s rights and the governing statutes, and thereafter to take all consequential legal actions as required under the law. It is further prayed that this Hon’ble Court may be pleased to grant any other relief deemed just, fair, and appropriate in the circumstances to prevent irreversible harm and uphold the rule of law.
FACTS OF THE CASE ARE AS UNDER
Respectfully Sheweth:
1. That the Plaintiff is a lawful resident and owner of the property situated at Board Phatak, Danishabad Road, Peshawar, adjacent to the under-construction project known as “Qatar Heights”.
2. Violation of the Approved Master Plan and Encroachment on Private Property:
That the impugned construction is in blatant, wilful, and flagrant violation of the duly approved building plan, and the Agreement / Terms & Conditions governing the construction of Qatar Heights, including the sworn affidavits executed by Respondent No. 01 and submitted before Respondents No. 02 and 03—the authorities legally bound to regulate, monitor, and enforce compliance.
That this is not merely a dispute of illegal construction; it is a case of brazen lawlessness. The Defendants are constructing a high-rise "Qatar Heights" in total defiance of the Approved Master Plan and building regulations, creating a structural hazard that threatens the lives of the residents and the physical integrity of the Plaintiff's home. The construction has exceeded legal limits by encroaching upon the plaintiff’s private property and its designated private access pathway, which constitutes a clear violation of ownership rights and the approved Master Plan of Qatar heights. In the approved Master Plan of Qatar Heights, the areas marked in red indicate locations where illegal extensions, encroachments, and constructions beyond the sanctioned limits have been carried out, amounting to a direct infringement upon the plaintiff’s lawful easement rights and ownership. This situation is clearly evident in the attached photographs. Which is also a violation of fundamental human rights guaranteed under the UDHR (Universal Declaration of Human Rights) and ICCPR (International Covenant on Civil and Political Rights).
• (Approved Master Plan of Qatar heights Attached as Annex-1)
• (the Agreement / Terms & Conditions attached as Annex-2)
• (Latest google Image indicating the illegal encroachments attached as Annex-3)
• (Photographs showing violations and encroachments attached as Annex-4)
3. Violation of the Khyber Pakhtunkhwa Land-Use and Building Control Act, 2021.
That Because the construction of “Qatar Heights” is wholly illegal and in open violation of the KP Land-Use and Building Control Act, 2021 (as amended in 2024), having been undertaken without lawful planning or development permission in breach of Sections 20–22, in deviation of the Master Plan and zoning requirements contrary to Sections 23, 24, 25, and 28, and through encroachments, unsafe works, and reduced setbacks prohibited under Sections 29, 31, 32, and 33. The continued construction despite formal complaints constitutes an offence under Sections 37, 38, and 39, mandating immediate stoppage, sealing, and demolition, and by virtue of Section 53, any contrary approval or inaction is void. These cumulative violations necessitate the urgent intervention of this Hon’ble Court.
Despite a formal written complaint by the Petitioner, the Director General LUBC Authority has taken no action to date, for reasons best known to the Authority.
• (Relevant portion of KP Land-Use and Building Control Act, 2021 (as amended in 2024) is attached as Annex-5)
• (Complaint/letter to the DG LUBCA is attached as Annex-6)
4. VIOLATION OF EASEMENT & PRIVACY (THE "RIGHT TO LIVE"):
That Under the Easements Act 1882, the Plaintiff has the right to the beneficial enjoyment of his property, including the right to light, air, and privacy. The current construction of Qatar Heights includes projections, walls, and balconies that directly overlook and encroach upon the Plaintiff’s private space, causing a permanent nuisance and violating the legal right to privacy. This is a predatory invasion of privacy, turning a private residence into a public viewing gallery, rendering the Plaintiff’s home uninhabitable for his family, clearly visible in the pictures
• (Photographs attached as Annex-7)
5. VIOLATION OF BUILDING BYE-LAWS 2017:
The building is being constructed in brazen and deliberate defiance of the sanctioned map, approved measurements and mandatory setbacks. These illegal deviations constitute a flagrant, willful, and conscious violation of the KP Model Building Bye-Laws 2017, which strictly mandate specific front, rear, and side setbacks to ensure structural safety, ventilation, access to natural light, and protection of neighboring rights. The Defendants have ignored every mandatory provision, thereby rendering the entire ongoing construction patently illegal, hazardous, and liable to immediate stoppage under law.
• (KP Building Bye-laws 2017 annexed as Annex-8)
6. ADMINISTRATIVE NEGLIGENCE AND WILLFUL INACTION:
i. Despite multiple verbal Complaints made to Defendant No. 2, the Plaintiff formally served a written legal notice cum complaint dated 21/11/2025, to which not even a reply has ever been furnished.
• (Letter to Director West attached as Annex-9)
ii. Furthermore, the Plaintiff’s subsequent appeals to the Chairman, Local Government Commission dated 26/11/2025 and to the Minister for Local Government dated 20/12/2025 have likewise remained unanswered. Defendants No. 2 and 3 have utterly failed, refused, and neglected to perform their statutory duties, demonstrating not mere oversight but a pattern of gross administrative negligence, deliberate indifference, and possible collusion with the offending party.
• (Letter to chairman Local Government Commission attached as Annex-10)
• (Letter to Minister for Local Government attached as Annex-11)
The Defendants’ persistence in continuing the construction in the face of formal notices, legal objections, and pending complaints amounts to a deliberate defiance of law, reflecting a calculated attempt to create a fait accompli—to advance the illegal construction so rapidly that the resulting harm becomes permanent, irreversible, and beyond judicial remedy. Such conduct is not only illegal but malafide, arbitrary, and an abuse of public authority, warranting immediate intervention of this Honorable Court.
7. That Qatar heights being illicitly under construction has been made operationalized for commercial activities by Respondent No 1, which made it vulnerable for human lives loss and injuries any time specifically under the ongoing continued multi-story construction work also indicated criminal negligence on part of the respondents No.02 & 03. The same is a gross violation of SECTION 111 of the Building Code of Pakistan (2021). The Law states as under:
SECTION 111 CERTIFICATE OF OCCUPANCY
111.1 Change of occupancy. A building or structure shall not be used or occupied in whole or in part, and a change of occupancy of a building or structure or portion thereof shall not be made, until Authority having jurisdiction (AHJ) has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. 111.2 Certificate issued. After Authority having jurisdiction (AHJ) inspects the building or structure and does not find violations of the provisions of this code or other laws that are enforced by the department, Authority having jurisdiction (AHJ) shall issue a certificate of occupancy.
• (Copy of the relevant portion of Building code of Pakistan attached as Annex-12)
• (Photographs showing violations of section 111 of building code of Pakistan attached as Annex-13)
8. That the cause of action arose first when the illegal construction began and continues daily as the construction progresses.
GROUNDS FOR THE SUIT / PETITION
A. Because the Defendants’ construction is patently illegal
The construction of “Qatar Heights” is in flagrant violation of the approved Master Plan, the sanctioned building plan, and multiple statutory laws. Any construction raised in deviation of the sanctioned plan is per se illegal and liable to immediate stoppage and demolition under the KP Land-Use and Building Control Act, 2021 and KP Building Bye-Laws 2017.
B. Because the Defendants have encroached upon the Plaintiff’s private property and easement rights
The encroachments upon the Plaintiff’s private access pathway and the illegal extension beyond sanctioned limits constitute a direct violation of ownership rights, easement rights, and the Easements Act 1882. Such encroachment cannot be legalized or condoned under any law.
C. Because the construction poses a structural and life-threatening hazard
The unsafe, substandard, and unauthorized construction violates the Building Code of Pakistan 2021 and threatens collapse, fire hazard, and structural failure, thereby endangering the lives and properties of the Plaintiff and the surrounding neighborhood. Courts have consistently held that unsafe construction must be immediately stopped.
D. Because the Defendants are guilty of willful, continuous, and deliberate statutory violations
Violations of Sections 15, 18, 20, 23, 25, 29, 31, and 35 of the KP Land-Use Act constitute not only regulatory infractions but willful disobedience of mandatory statutory requirements, attracting demolition, sealing, prosecution, and cancellation of approvals under Sections 39–48 of the Act.
E. Because the Defendants’ actions violate the Plaintiff’s fundamental Human rights Article 9 of the Constitution
The right to life includes the right to live with dignity, safety, light, air, privacy, and freedom from permanent nuisance. The overriding of easement rights, invasion of privacy through balconies/windows, and endangerment to life constitute a direct constitutional violation.
The respondents’ actions constitute a violation of fundamental human rights guaranteed under the UDHR (Universal Declaration of Human Rights) and ICCPR (International Covenant on Civil and Political Rights), including life, security, and property." Such actions are in direct contravention of Pakistan’s obligations under international human rights law, and the applicant seeks immediate intervention to prevent further violations.
F. Because the Defendants’ construction creates a permanent nuisance
The projections, balconies, and overlooking structures directly invade the Plaintiff’s private residence, creating a continuous nuisance that is actionable per se under the Easements Act 1882 and settled principles of tort law.
G. Because the Defendant Authorities (Respondents No. 2 & 3) have failed to perform their mandatory duties
Their failure to stop, inspect, regulate, or demolish the illegal construction despite written complaints, notices, and statutory obligations amounts to dereliction of duty, administrative negligence, and abuse of authority—justifying judicial intervention and issuance of mandamus.
H. Because administrative silence in the presence of illegality is itself illegality
The non-response to written complaints dated 21/11/2025, 26/11/2025, and 20/12/2025 constitutes malafide inaction, arbitrary conduct, and possible collusion. Courts cannot allow the Authority to legitimize illegality by mere inaction.
I. Because the illegal construction is being rapidly advanced to create a fait accompli
The speed of construction shows a deliberate attempt to make the illegality irreversible and beyond corrective measures, necessitating immediate status quo and injunctive relief to prevent permanent harm.
J. Because the Plaintiff’s property value, safety, and habitability are being irreparably damaged
Continued construction will permanently reduce the property value, cause structural stress to the Plaintiff’s home, and destroy its privacy, thereby causing irreparable loss that cannot be compensated through damages.
K. Because no vested right can arise from an illegal act
Even if construction is partially completed, no legal protection or equity arises from unauthorized, dangerous, or fraudulent construction. The law does not protect wrongdoing.
L. Because the balance of convenience lies entirely with the Plaintiff
Stopping illegal construction prevents further violation and protects life and property. Allowing continued illegal construction would cause irreparable, irreversible harm.
M. Because the Plaintiff has approached the Court with clean hands.The Plaintiff is the aggrieved party, has made timely complaints to all competent forums, and seeks lawful enforcement of statutory duties.
N. The Plaintiff seeks justice against the "might-is-right" approach of the Defendants.
For the aforesaid reason, it is, therefore humbly prayed that on acceptance of this writ petition, the appropriate writ may kindly be issued:
A. SEALING OF PREMISES: Direct the Defendants No. 2 and 3 to seal the site until it is brought into 100% compliance with the Building Laws, the Approved master plan of the building and the Easements Act 1882.
B. MANDATORY DEMOLITION: A Mandatory Injunction directing Defendants No. 2 and 3 to immediately inspect the site and demolish all illegal encroachments and structures that violate the Approved master plan of the building, Khyber Pakhtunkhwa Land-Use and Building Control Act, 2021, Building Bye-Laws 2017 and the Easements Act 1882.
C. Order a fair, transparent, and impartial investigation into the criminal misconduct of the regulatory and enforcement officials who, despite clear illegality and public-safety hazards, failed to stop, seal, or demolish the unlawful structure, thereby endangering human lives.
D. Pass any other relief deemed just, fair and proper in the circumstances of the case.
INTERIM RELIEF:
By way of interim Relief. The respondents be restrain from any kind of Construction work and commercial activities in this under construction building and Preserve the site in its current condition to prevent irreversible harm to the Plaintiff’s property, rights, and safety till the final disposal of instant writ petition. Pass any other interim orders deemed just, proper, and necessary in the circumstances.
Petitioner
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