KARACHI, May 4: The Karachi Building Control Authority has finally been merged into the city district government as its Building Control Group of Offices with the city nazim heading it as the chief executive, the advocate-general informed the Sindh High Court on Tuesday.
AG Mansoor Anwar Khan produced three notifications issued by the provincial government through its chief secretary on April 30 "in supercession of all previous notifications made in this behalf."
Among the earlier notifications "that stand rescinded with immediate effect" is one which devolved the KBCA's powers and functions on the city nazim and the nazims of 18 town nazims and required deputy controller of buildings and other staff of the authority to report for duty to them.
The latest notifications have been issued under the Sindh Local Government Ordinance, 2001, and the Sindh Building Control Ordinance, 1979. The city nazim has been appointed chief executive under Section 4 of the SBCO.
The notifications do not deal with the matter but the KBCA's chief controller of buildings, who was also its chief executive, has already been redesignated as executive district officer of the new, 16th, group in the city district government.
The AG submitted the notifications as a division bench comprising Justices Sabihuddin Ahmed and Muhammad Afzal Soomro took up a KBCA petition for amendments to the SBCO to duly empower it to perform its functions under the SBCO and the Karachi Building and Town Planning Regulations, 2002.
The petition was moved following court orders for demolition of certain violative structures and the KBCA's inability to comply with them due to lack of staff and equipment and legal powers to deal with the resistance of occupants and builders and developers.
When the KBCA counsel submitted that the notifications did not address the petitioner's concerns in respect of want of magisterial and police powers for any body or organization entrusted enforcement of building control rules and regulations, the AG told the bench that he would arrange a meeting of City Nazim Niamatullah Khan, DCO Mir Hussain and Chief Controller Buildings Brig A. S. Nasir (retired) to sort out matters relating to compliance with court orders.
According to the Sindh law department, the provincial government could, on the recommendation of the high court, confer any or all of the powers of the judicial magistrate on any person in respect of particular cases or class of cases but not for supervising demolition operations in compliance with court orders.
As for a KBCA police station, the department said it did not appear necessary. Complaints or first information reports could be lodged or police assistance obtained from the police station of the area concerned.
The division bench adjourned the hearing of the petition to a date in office after hearing the AG's statement and bringing the notifications on record. The petitioner's counsel, Shahid Jamil Khan, said it was now for the city district government to pursue the matter and he would await instructions before pressing the directions and reliefs prayed for.
The April 30 notifications resolve a controversy raging since the promulgation of the SLGO in 2001 and induction of the city government about the devolution of the KBCA. It caused a great deal of confusion about enforcement of building rules, and uncertainty within the KBCA about its future.
