KARACHI: Govt given another chance to settle KBCA issue
By Our Staff Reporter
KARACHI, March 4: The Sindh High Court gave the authorities another opportunity on Thursday to settle the question of devolution or otherwise of the building rules enforcement in the city.
The issue is involved in several petitions pending before the court. The city district government says that the building control functions have devolved on it under the Sindh Local Government Ordinance, 2001. It bases its claim on a notification issued by the provincial local government department under the ordinance later in 2001.
The Karachi Building Control Authority says that it is obliged under the Sindh Building Control Ordinance, 1979, and the rules made thereunder to ensure enforcement of building regulations. It cannot abdicate its functions. In fact, it seeks adequate new powers to enable it to discharge its obligations under the law.
Additional Advocate-General M. Ahmed Pirzada submitted in the course of hearing of one of the petitions on Thursday that a meeting over the devolution issue was scheduled to be held later in the afternoon.
CDGK counsel Manzoor Ahmad also sought adjournment and a division bench comprising Justices Sabihuddin Ahmed and Zia Perwez fixed March 18 for a definitive statement on the issue.
KBCA counsel Shahid Jamil Khan submitted that the court had already decided the issue by declaring the authority an independent legal entity under the SBCO. A meeting presided over by the provincial governor had asked the police and all civic agencies to provide assistance to it in the performance of its functions but the decision was not implemented.
Meanwhile, the division bench came down heavily on the KBCA and its chief executive for not complying with a 1996 SHC order to demolish an illegal ground-plus-six-floor structure at Mithadar.
KBCA chief A.S. Nasir, who appeared in response to a show- cause notice for contempt, submitted that the authority officials accused of dereliction of duty in the matter had been taken to task. He assured the court of more stringent action but said a regularization plan in respect of the structure had been submitted and was being processed.
KBCA counsel Shahid Jamil Khan submitted that owing to the authority's lack of resources to enforce court orders and pull down the structure, the builder had fled after creating third party interests by selling off apartments and shops in the violative building.
In respect of an illegal ground-plus-three-floor structure at Ranchhore Lines, the KBCA chief gave an undertaking that the violative parts of the structure would be chopped off by March 11. The building encroached on an amenity plot and could not entirely be regularized, though the builder had requested for its regularization, he said.
The bench discharged a notice against the KBCA chief in another petition relating to a building at Kharadar. He said he shared the court's concern over violation of building and rules and regulations.
