KARACHI, Sept 8: A division bench of the Sindh High Court on Wednesday issued notice to the city district government for Sept 16 when the Karachi Building Control Authority chief executive stated that the city government
was not allowing it to procure electronic equipment for demolition of unauthorized and illegal structures.
Appearing before the bench, which consisted of Justices Anwar Zaheer Jamali and Maqbool Baqar, chief controller of buildings Brig A S Nasir (retd) submitted that the KBCA had worked out a plan to streamline its demolition operations.
The authority was handicapped not only by absence of police and magisterial powers but also by shortage of staff, equipment and transport. It had a 34-member demolition squad to ensure enforcement of building regulations and comply with court orders for demolition of violative structures all over the city, he said.
The chief controller said that the KBCA only had manually-operated cutters and hammers to carry out demolition. It had to hire equipment from the market at a high cost. At least half of the members of the squad were of advanced age.
It approached the city district government for permission to acquire the necessary equipment and modernise its working. It also sought the provincial governor's help in the matter.
In response to its request, the KBCA chief said the authority received a letter from the city government district coordination officer informing it that the city council had resolved to seek repeal of the Sindh Building Control Ordinance of 1979. The council also wanted abolition of an autonomous KBCA and desired its complete merger into the city district government.
The council, according to the DCO's letter, also resolved that all buildings completed till June 30 should be regularized notwithstanding any court order and the demolition operations proposed by the KBCA stopped forthwith.
The DCO also took exception to the KBCA request for the provincial governor's intervention to facilitate procurement of demolition machinery, the KBCA chief submitted.
Appreciating the problems faced by the KBCA, the bench issued the CDGK a notice. The chief controller was summoned by the bench on a petition moved by the Karachi Watch and Care Society to agitate the violation of building laws and rules and failure to comply with court orders in respect of violative structures.
OAK TOWER: Meanwhile, Justice S. Ali Aslam Jaferi fixed Sept 23 for final arguments on a suit instituted by the developers of Oak Tower, a commercial-cum-residential complex proposed to be raised on plot number one, Railway Quarters, Maulvi Tamizuddin Khan Road.
The developers, M/s Oak Associates, complained that despite a valid no-objection certificate, the city district government and the KBCA were creating hurdles in the construction work.
The KBCA shifted the entire blame on to the city government, saying that it had received a letter from the DCO to hold back permission for construction. It said the developers had an approved plan and a no-objection certificate from the Karachi Metropolitan Corporation, the city government's predecessor.
It complained of city government interference in its day-to-day work despite a high court order declaring that the KBCA would continue to function under the SBCO and the city nazim would only have the power of general supervision under Section 4-A of the ordinance.
Justice Aslam Jaferi asked the counsel appearing for the plaintiffs, the city government and the KBCA to exchange copies of documents and applications they wanted to submit in the court by Sept 23 when the suit would come up for final hearing. Advocate Manzoor Ahmed sought to move an application on behalf of the city government, but the judge asked him to route it through the SHC office.
PLEA DISMISSED: A division bench of Sindh High Court, comprising Justice Anwar Zaheer Jamali and Justice Maqbool Baqar, on Wednesday dismissed a petition by a lady doctor challenging a KBCA action, adds PPI/APP.
Dr Rubina Talib had moved the SHC against a KBCA notice alleging that she was converting her flat into a shop for commercial purpose in violation of KBCA rules. The court, after a statement by the petitioner and an assurance by the KBCA dismissed the petition as it served its purpose.
PLEA DISPOSED OF: A division bench of Sindh High Court on Wednesday disposed of a number of constitutional petitions filed by relatives of activists of MQM Haqiqi challenging transfer of under-trial prisoners from Karachi Central Prison to various prisons of Sindh.
The bench comprised Chief Justice Saiyed Saeed Ashhad and Justice Syed Zawwar Hussain Jaffery. When the appeals filed by Shabana Khan, wife of MPA Younus Khan and others came up for hearing, AAG Sindh Sarwar Khan produced a photostat copy of an order issued by IG Prisons, Sindh, ordering immediate shifting of all under-trial prisoners back to Karachi.
