KARACHI, Sept 23: The Sindh High Court on Thursday issued the advocate-general a notice for Sept 28 in a writ petition moved by the Karachi Building Control Authority for its empowerment to enable it to discharge its functions.
The KBCA claimed in its petition that it was handicapped by the absence of police and magisterial powers in curbing illegal and unauthorized constructions. It was unable to evict unlawful occupants and demolish the violative structures. Its officials had been threatened, intimated and physically prevented from entering such premises.
It sought amendments to the Sindh Building Control Ordinance, 1979, for establishment of a KBCA police station with powers to register FIRs and arrest the culprits.
As the petition came up for hearing before a division bench, comprising Justices Anwar Zaheer Jamali and Maqbool Baqar, KBCA counsel Shahid Jamil Khan submitted that the advocate-general had promised on behalf of the provincial government a sympathetic consideration of the authority's plea.
A committee of legal experts constituted to look into the matter had favoured the KBCA proposals. Over a year had since elapsed without any tangible measures to resolve the dilemma faced by the authority.
The counsel complained that the city district government, which was earlier non-cooperative, was now hindering the authority's work by not allowing it to import demolition machinery.
The bench's order for police assistance, like the previous such orders, had not brought about any change in the situation. The authority had a 30-strong demolition squad and crude tools to dismantle or trim unauthorized structures all over Karachi on its own or in pursuance of court orders, he maintained.
In the KBCA petition for a direction to the city district government, which also came up for hearing on Thursday, the bench, meanwhile, issued a notice to the district coordination officer for Sept 29.
Representing the respondent, CDGK counsel Manzoor Ahmed said the KBCA was now a subordinate department of the city government but was acting independently of the parent organization.
It must function as the CDGK's 16th group in accordance with the relevant notification in order to procure any equipment or carry out demolitions, he contended.
BAIL EXTENDED: The Sindh High Court on Thursday extended the protective bail granted to an accused involved in an accountability reference pertaining to the Alliance Motors and TJ Ebrahim and Company.
Represented by Advocate Raja Qureshi, Sikandar Karim was allowed interim bail in the sum of Rs 10 million till Sept 26. The counsel sought confirmation of the interim bail order on Thursday. A division bench, however, extended the interim bail till Oct 5 to enable him to appear before the trial accountability court.
The accused is alleged to have properties bought with the deposits of investors who were promised fabulous returns by the two liquidated companies. He was also accused by the National Accountability Bureau of evading trial and fleeing justice. Sikandar Karim surrendered himself before the high court on Thursday and undertook to appear before the trial court.
EXPLANATION SOUGHT: The Sindh High Court issued notices to two town nazims for Oct 6 to explain why a grade 18 engineer was being denied posting as deputy town officer (maintenance and engineering) despite orders by the provincial local government department.
Chief Justice Saiyed Saeed Ashhad and Justice Zawwar Hussain Jaffery, who constituted the division bench seized of Engr Shakeel Ahmed Mughal's petition, took a serious view of the town administrations' failure to comply with its order of Aug 25. It asked Additional Advocate-General Sarwar Khan to ensure that the petitioner was posted in accordance with his transfer order without further delay.
According to the AAG, the incumbent DTO (Maintenance and Engineering) in Liaquatabad Town had failed to relinquish his charge on his transfer to Gulshan-i-Iqbal. The petitioner could thus neither be given a posting in Gulshan Town as initially ordered nor in Liaquatabad as subsequently directed.
Advocate M. Nawaz Shaikh submitted on behalf of the petitioner that he was relieved as DTO (M&E) by the Baldia Town administration following abolition of his post in October 2002 and had remained in the wilderness since.
The bench noted that transfer orders were issued by the provincial government and signed by the additional chief secretary. The inordinate delay in posting 'raises doubts about the authority and writ of the government to compel its officers to obey its orders', it observed.
CONTEMPT NOTICE: The New Karachi Town Nazim was asked by the Sindh High Court on Thursday to show cause on Oct 5 why he should not be proceeded against for contempt.
Nazim Shafiqur Rahman Usmani was issued notice in a petition moved by a resident of its union council No 8 for development of a park in front of her house. Petitioner Maqbool Begum submitted through Advocate Irfan Ahmad that plot number ST-140, UC 8, New Karachi, was earmarked for development of a park for the residents of the area.
It had instead become a meeting place for drug addicts and other anti-social elements. A division bench, comprising Justices Anwar Zaheer Jamali and Maqbool Baqar, had issued notices to the town and UC nazims.
