KARACHI: Legal experts back plea on judicial powers for KBCA official
By Our Staff Reporter
KARACHI, Nov 16: A committee of legal experts comprising representatives of the provincial government and Karachi Building Control Authority has supported the KBCA’s plea for its empowerment to discharge its functions with respect to curbing violation of building rules and demolition of illegal structures.
The committee, consisting
Additional Advocate-General Qazi Khalid Ali, KBCA legal adviser Shahid Jamil Khan, KBCA controller for coordination Akhlaq Ahmed and OSD Rauf Akhtar Farooqui, submitted its report to the Sindh High Court last week.
The committee was constituted following suggestions made by the respondents in a writ petition moved by the KBCA for conferment of magisterial and police powers on its officials.
A division bench comprising Justices Sabihuddin Ahmed and Amir Hani Muslim adjourned further proceedings on the petition to December 4.
The committee recommended that new sections numbered 18-A and 18-B should be incorporated after Section 18 in the Sindh Building Control Ordinance, 1979, to achieve the objectives of the ordinance and of the Karachi Building and Town Planning Regulations framed under it in 2002 and protect the interests of both purchasers of real estate and its developers.
The proposed Section 18-A reads:
“18-A (Establishment of KBCA Special Court and Conferment of Powers): The provincial government shall establish a special court known as the KBCA Special Judicial Magistrate’s Court with powers to provide assistance to the KBCA and its staff in the performance of their statutory duties like demolition of unlawful constructions, ejectment of illegal occupants, and evacuation and pulling down of dilapidated structures. The court shall be empowered to try offences under the SBCO read with the relevant provisions of the Pakistan Penal Code and other laws applicable. It shall enjoy due powers under the Civil Procedure Code, the Criminal Procedure Code, the Land Revenue Act and other laws applicable to order attachment and sale and auction of the attached property. The court shall be manned by the KBCA controller for enforcement or by any other KBCA official serving in grade 18 or above to be appointed in consultation with the chief justice of the Sindh High Court.
“18-A (ii): The KBCA officers in grade 18 and above shall also be conferred special judicial magistrate’s powers in consultation with the SHC chief justice to carry out the following functions in collaboration with the Town Nazim and police officer concerned:
“(A) Check unauthorized construction in accordance with the approved plan, SBCO and the building regulations.
“(B) Ensure the enforcement of court orders, ejectment of illegal occupants, and demolition of illegal or unauthorized construction and control any law and order situation resulting from such actions.”
A new sub-section (numbered 10) should be inserted after sub-section 9 of Section 12 of the SBCO: “(10) The KBCA court shall have exclusive jurisdiction to decide disputes between purchasers and builders or developers in respect of flats, apartments, bungalows, plots and other property and other ancillary matters.” The proposed Section 18-B reads: “KBCA Police Station: The provincial government shall change the name of the existing KDA police station to the KBCA police station with all powers exercisable by a station house officer under the Cr.PC in respect of offences against building laws and rules”.
