KARACHI, April 23: The Sindh High Court has ordered evacuation and demolition of an unauthorized structure in Garden East.
The order was issued on Wednesday by a division bench, comprising Chief Justice Saiyed Saeed Ashhad and Justice Ghulam Rabbani, while disposing of a writ petition moved by the Aga Khan Foundation and the Aga Khan Health Services, which run a maternity home in the adjoining building, in 1995.
The petitioners said the Aga Khan Maternity Home is situated on plot number 515 (measuring 2401 square yards) in Garden East. Despite being hard pressed for space, it has a ground-plus-one- floor structure because of the ban on multi-storeyed buildings in the area. For 30 years, the maternity home enjoyed the necessary hygienic conditions and privacy and unhindered access to light, air and other easements.
A multi-storeyed building has, however, been raised by a developer in the adjoining plot number 402. The 10-feet mandatory open space between the two buildings had also been covered. The Karachi Building Control Authority, the city government and the provincial government, which is lessor of the plot, were informed of the blatant violation of the relevant rules and regulations but to no avail. The property was forfeited by the assistant commissioner (South), Karachi, but no follow-up action was taken by the KBCA or the provincial government.
Besides contravening the building laws, rules and regulations, the multi-storeyed building poses a threat to environment, sanitation and cleanliness, which are all the more essential for a health establishment like the maternity home. The new building also violates the privacy of the hospital and its inmates. It hampers free movement of doctors, nurses and patients. Besides obstructing light and air, it will diminish the water supply to the maternity home when fully occupied. Its windows, ventilators and balconies are a permanent source of nuisance, the petitioners said.
