KARACHI: High court dismisses Clifton residents’ plea
By Our Staff Reporter
KARACHI, May 31: The Sindh High Court dismissed on Wednesday a writ petition moved by the residents of Bath Island Quarters, Clifton, against construction of buildings exceeding three storeys or floors in the neighbourhood.
A division bench held that the Karachi Building and Town Planning Regulations, 2002, are the only applicable building code and override any stipulation to the contrary. The petitioner residents had submitted through Advocates Naeemur Rehman and Abdur Rehman that the auction sale condition imposed by the Karachi Municipal Corporation at the time of lease of plots in Bath Island in 1958 express that ‘the present building rules will be applicable’ to construction raised thereon.
The then prevailing rules followed hitherto provided for a maximum of three storeys and any structure in excess of three storeys, the petitioners said, would be repugnant to rules. They said the construction of multi-storeyed buildings would also affect the environment and availability of utilities. It would infringe their right to life, which included quality of life. They requested the court to restrain the builder and developer of Bath Island Pride from proceeding with construction of a more than three floors on plot number 61.
The petitioners also contended that the provisions of the Sindh Local Government Ordinance, 2001, have superseded the Sindh Building Control Ordinance, 1979, which has been impliedly repealed. The petition was heard by a bench, comprising Justices Mushir Alam and Mohammad Afzal Soomro, which reserved its order on Dec 1, 2005. The order was announced by another division bench, comprising Justices M. Mujibullah Siddiqui and Sajjad Ali Shah. The petitioners sought stay of the operation of the order for one week to enable them to challenge it before Supreme Court and their plea would be heard on Thursday.
It was argued on behalf of the builder by Advocate Abid S. Zuberi and on behalf of the Karachi Building Control Authority by Advocate Kamal Azfar that the lease stipulation referred to the ‘existing’ rules and not to the byelaws superseded by new regulations. The existing rules were contained in the Karachi Building and Town Planning Regulations, 2002, which was the only applicable and enforceable building code. The 2002 regulations provided for a maximum of five floors, the counsel maintained. As for the SLGO of 2001 and the SBCO of 1979, the two enactments dealt with different subjects and organizations and would operate and prevail in their separate spheres.
STAY GRANTED: Another division bench, consisting of Chief Justice Sabihuddin Ahmed and Justice Mrs Qaiser Iqbal, restrained the builder from raising construction of shops in Al-Najibi market on Haji Abdullah Haroon Road. A petitioner submitted in his appeal that the construction plan was unlawfully approved by the KBCA. The builder be restrained from covering the compulsory open space before he presented the KBCA and the court with a ‘fait accompli’. The bench allowed the request for an interim order and adjourned further hearing for a date in office.
HEIRS SEEK DAMAGES: The widow and children of Sher Ahmed, 47, who died on April 19 on account of traumatic burns received by him on April 16 following an explosion in the Karachi Electricity Supply Corporation sub-station in SITE, filed a suit for recovery of Rs 8.5 million from the KESC as damages. The plaintiffs submitted through Advocate Nasir Maqsood that the deceased was employed with the city district government, which has paid them compensation. The amount was not sufficient and its payment did not affect their entitlement under the Fatal Accidents Act.
