KARACHI: High Court decides to hear KBCA plea on its status
By Our Staff Reporter
KARACHI, Jan 15: The Sindh High Court decided on Thursday to urgently hear the Karachi Building Control Authority plea for protection and preservation of its status as an independent statutory body
responsible for enforcing building regulations in the city under the Sindh Building Control Ordinance (SBCO), 1979.
An application for urgent hearing of the matter was moved by the KBCA through Advocate Shahid Jamil Khan in a pending petition filed by a public interest organization, Citizens Advice Forum, against illegal constructions in Lyari. The high court ordered demolition but the KBCA expressed its inability to comply with the order due to lack of cooperation from the police, the town committee, the city government and other civic bodies and utility concerns.
The city government and nazim, meanwhile, decided to assert their authority. Relying on an October 2002 notification issued by the provincial housing and town planning department under Sections 52 and 54 of the Sindh Local Government Ordinance (SLGO), 2001, they said the KBCA stood devolved on the city government and the town committees. All its officers, officials and staff, including the chief executive and chief controller, must work under it in its subordinate departments. The chief controller and other officers were asked to join the departments and committees concerned on the pain of losing their jobs.
The district coordination officer warned the KBCA employees earlier last month to join their respective town committees and the CDGK departments or have their salaries stopped immediately. Simultaneously, the banks concerned were ordered to withhold the employees' salaries for January if they fail to comply with CDGK orders.
The KBCA counsel submitted before a division bench, comprising Justices Sabihuddin Ahmed and Zia Perwez, on Thursday that the CDGK notices and warnings had paralyzed the authority. Its lower staff was particularly perturbed by the uncertainty created by the CDGK actions. The CDGK had no authority to stop payment of salaries to an autonomous body working under the provincial government, yet the employees were extremely worried and unable to pay attention to their work. The "devolution notification" was a nullity in the eyes of the law, he argued.
The lawyer said unlike the Karachi Development Authority, which was created by an executive order and has already been merged into the city government, the KBCA was established by a law which has not been amended. It was legally obliged to approve building plans, check violation of building rules and regulations and seal and demolish violative structures. It could not abdicate its legal obligations only because it was being asked to do so by the city government or its DCO.
In the absence of any amendments to the SBCO, the CDGK actions amounted to illegal threats, intimidation and harassment, which the court was requested to prevent.
The division bench directed that notices be issued to the advocate-general and the executive district officer of the city government for Jan 21 for detailed arguments.
NADRA CASE: A division bench of High Court of Sindh, comprising Justice Anwar Zaheer Jamali and Justice S. Ali Aslam Jafri, on Thursday directed National Database Registration Authority to submit para-wise comments by Jan 29, adds APP.
The bench was hearing a constitutional petition filed by Shoukat Ali Shaikh advocate who challenged an announcement by NADRA regarding cancellation of National Identity Cards by Dec 31.
When the petition came up for hearing, deputy attorney-general, Syed Zaki Mohammed appearing for NADRA and the federal government informed the bench that the last date for obtaining CNICs (Computerized Identity Cards) has been extended till Jan 31 and steps were being taken for redressal of other issues raised by the petitioner in respect of facilities to the general public for obtaining CNICs.
He prayed to the court to dismiss the petition as being infructuous. Shoukat Ali Shaikh appearing in person submitted that petition was not filed for seeking extension in last date but powers of NADRA for cancelling NICs were challenged.
The bench inquired from the DAG that what would happen to Pakistanis living abroad, whether they would be stripped of their nationality and identity. The bench then put off further hearing directing the DAG, Syed Zaki Mohammed, to file para wise-comments showing that under what authority, NADRA is empowered to make announcement of cancellation.
