KARACHI: SHC orders sealing of housing project: Contempt notice issued to KBCA official
By Our Staff Reporter
KARACHI, Aug 25: The Sindh High Court ordered sealing of an allegedly violative construction project in Gulshan-i-Iqbal on Thursday. The action was taken by Justice S. Ali Aslam Jafri on an application moved by the Karachi Building Control Authority. KBCA counsel Shahid Jamil Khan submitted that Ashiana Builders were raising construction in contravention of the approved plan and building regulations. When the KBCA issued them a notice, the builders obtained a stay order from the high court and continued violations under its cover.
The judge also issued a show cause notice for contempt to a KBCA deputy controller for filing apparently contradictory affidavits in respect of the Ashiana project behind the National Stadium. The contradiction was pointed out by Advocate Neil Keshav, who sought to set up an adverse title to the structure on behalf of another builder.
Mr Keshav said the KBCA had said in an earlier affidavit that it sanctioned a ground-plus-two-floor plan but was now saying on oath that the approved plan allowed construction of four storeys in addition to the ground floor. He said the additional floors were to be built and disposed of by his clients.
Advocate K.A. Wahab submitted on behalf of Ashiana Builders that there was no violation of the approved plan and the KBCA had itself conceded in its latest affidavit that it approved four floors in addition to the ground floor. The plot and the structure raised thereon belonged to Ashiana Builders and their title could not be challenged collaterally in proceedings on the regularity of the building.
He contested the new builder’s plea for impleadment as an intervener. The KBCA counsel said the approval was sanctioned in the name of Ashiana Builders, who were the owners of the plot. However, he sought an appropriate order against violation of building rules.
The court ordered immediate sealing of the third and fourth floors of the allegedly violative structure to restrain the builders from raising further construction and also from creating third party interest.
