KARACHI, Sept 3: The Sindh High Court on Saturday directed the Karachi Building Control Authority to demolish an unauthorized building complex at Keamari after ejecting its occupants with the help of police.
The ground-plus-three-floor complex has been raised at 16 Jungle Shah, Keamari, over a plot of land leased out by the Karachi Port Trust to a contractor for a godown.
The KPT rejected the construction plan submitted by the builder and did not forward it to the KBCA. A plan sent directly to the KBCA was summarily rejected and the authority served a demolition notice when construction work started on the plot without an approved design.
The KBCA also approached the court, which passed a stay order against any construction on the site.
The builder, however, completed the structure in utter disregard of the KBCA and KPT notices and the court order. A petitioner moved a contempt application and the KBCA submitted a compliance report. The authority, however, said it was helpless in the face of the threatened use and show of force by the builder and his henchmen, who were supported by the area union council and its nazim.
KBCA counsel Shahid Jamil Khan informed the court that the police failed to provide any assistance to stop the construction work, occupation of the illegal structure or ejectment of the occupants despite repeated requests by the authority.
The court summoned the police superintendent, the town police officer and the SHO concerned, who answered the summons.
Additional Advocate-General M. Ahmed Pirzada submitted on their behalf that the officials were bound to maintain law and order if the KBCA undertook demolition of the violative structure in pursuance of the court order. However, it was not possible for them to throw out the inmates or occupants of the building without a specific court order.
A division bench, comprising Justices Anwar Zaheer Jamali and Syed Zawwar Hussain Jaffery, observed that it was for the KBCA to ensure demolition of unauthorized construction. The police should provide necessary assistance to control any law and order situation at the site.
For ejectment of occupants, the KBCA should first serve them notices and then evict them with police help.
NOTICES ISSUED: A Sindh High Court division bench issued notices to respondents in a petition seeking upgradation of the post of consulting architect of the buildings department from grade 19 to 20, its re-designation as chief architect and the promotion of the incumbent architect to it.
Petitioner Tariq Ali Shah said in his petition filed through Advocate Mohammad Nawaz Shaikh that he has served the building department with distinction for 14 years and acquired higher education here and abroad at his own expense. A summary has finally been approved for upgradation of the post but he has not been promoted to it.
A division bench, comprising Justices Ghulam Rabbani and Azizullah M. Memon, issued notices to the respondents for a date in office.
Another division bench, comprising Justices Mushir Alam and Mohammad Afzal Soomro, disposed of as having borne fruit a petition moved by Engineers Abdur Rehman Memon, Mohammad Arif and Mohammad Masood Memon for their reinstatement as XENs in the communications and works department in accordance with a judgment rendered by the Sindh Service Tribunal.
