KARACHI, July 2: The Sindh High Court allowed the registration of sale deeds in respect of buildings constructed before the promulgation of the Sindh Building Control Ordinance, 1979, without no-objection certificates by the Karachi Building Control Authority pending final adjudication of the matter.

A circular directing the property sub-registrars not to register any sale or lease deed of non-agricultural immovable property in the Karachi district without a no-objection certificate from the authority, was issued by the Sindh Board of Revenue on May 8. The circular was based on an order passed by an SHC division bench in two writ petitions.

The circular was challenged by a property owner and a real estate agent claiming that records of rights of old buildings and property were not properly maintained and that it would be unjust to subject the sale of small flats, sub-divided plots and jointly owned properties pre-existing the SBCO to a no-objection certificate from the KBCA.

The petitioners also alleged delay in the issuance of NOCs by the authority and complained of problems created by its staff. As a result, they said, property transactions were stalled in many parts of the city. They requested for an interim relief by moving urgent applications.

Additional Advocate-General Abbas Ali, who represented the provincial government, conceded that property transactions were being delayed and agreed that the NOC might be made compulsory only for new structures. Date should be specified as the word 'new' was ambiguous. In view of the SBCO provisions, the NOC could not be dispensed with.

Consisting of Justices Sarmad Jalal Osmany and Zia Perwez, the division bench seized of the pleas for interim orders directed that buildings constructed before 1980 should be exempted from the requirement of KBCA NOC.

Declining to strike down the impugned circular, it, however, directed that a decision on NOCs in respect of post-1980 buildings should be taken by the KBCA promptly and the certificates should be issued within seven days.

The court also observed that the matter would be finally decided by the division bench that made the order in respect of the NOCs. The petitions were accordingly adjourned to a date in office for hearing by the previous bench, which consisted of Justices Sabihuddin Ahmed and Mohammad Afzal Soomro.

In its detailed comments, the KBCA said an NOC was compulsory not only under the impugned circular but also under the law. Under Section 6 (1) of the SBCO, no building could be constructed without a plan sanctioned by the authority and a certificate issued by it.

Section 6 (2) requires the owner of occupant of a building or flat to obtain an 'occupancy certificate' before taking possession of it. According to Section 12 (1), no builder can sell or advertize sale of any building without securing the KBCA approval in writing.

Advocate Shahid Jamil Khan cited a number of superior court judgements that emphasized the importance of the KBCA certificates in discharging its obligation to ensure compliance with the building law and rules in the larger, long-term public interest.

He argued that the petitioners were motivated by personal and not by public interest. The NOC would help the authority keep a strict check on building rules violation, he maintained.