THE LEGAL ARCHITECTURE FOR SAFEGUARDING WATERWAYS IN KPK: A CRITICAL APPRAISAL OF BUILDING CONTROL AND ANTI-ENCROACHMENT STATUTES

Abstract

Unregulated urban expansion in KP, especially along rivers, stormwater drains, and nullahs, has substantially heightened flood vulnerability and environmental degradation in recent decades. In response, Government of KP has enacted three foundational statutes that were designed to prevent encroachments and align land use with hydrological realities: Land Use and Building Control Act 2021, amended Public Property Act 1977, and the Peshawar Development Authority (PDA) Act 2017. This study conducts a critical appraisal of these laws, concentrating on coherence, enforcement mechanisms, institutional coordination, and practical impact in controlling encroachments on urban waterways. Employing a qualitative research design, the study analyzes statutory clauses in light of international best practices, enforcement data from 2018 to 2024, and 20 semi-structured interviews with stakeholders, such as legal experts, government officials, and community members. The results provide significant information for reaching conclusion. The study concludes that legal instruments alone are insufficient without the strong institutions, technology-driven monitoring, public engagement, insulated enforcement, citizen participation as well as independent audits.