KARACHI, Aug 30: The Sindh High Court allowed the Karachi Building Control Authority to inspect the site of a commercial project on Sharea Faisal and take appropriate action after noticing any violation of the approved plan or the building and town planning regulations.
An interim ex parte order was passed on Aug 8 on a builder’s suit restraining the KBCA from ‘interfering in the construction in any manner whatsoever except if it is found that the construction is in deviation of the approved plan’. The project called ‘City Mall’ is being raised on plot number ST-1-A/2 measuring 5,319 square yards.
The KBCA complained through its counsel, Shahid Jamil Khan, that the builder was not allowing KBCA officials to enter the project premises under the cover of the interim order. It expressed the apprehension that the restraint order might further be misused for contravention of the approved plan and building regulations.
Justice Amir Hani Muslim, who heard the case, decreed the builder’s suit against undue interference and allowed the KBCA applications for inspection and action in accordance with the law and rules.
CONTEMPT CASE: The High Court issued the establishment secretary a show-cause notice in another contempt application on Wednesday for his alleged failure to comply with a court order in respect of an income tax department officer’s promotion.
Additional income tax commissioner Haseebul Haq submitted through Advocate Mansoorul Haq Solangi that the court had directed the central selection board on Feb 3 to convene its meeting by March 11 to consider his case for promotion from Grade 19 to Grade 20. He said he was superseded in 2003 and he made a representation under the Civil Servants Act to challenge his supersession. He also approached the Federal Service Tribunal, which passed an order in his favour. He moved the high court finally and a division bench asked the selection board to decide the matter honestly and fairly within 30 days, assigning valid reasons for any decision taken by it.
The applicant said the respondent secretary and the selection board failed to comply with the court order within 30 days or any time thereafter. They were guilty of contempt of court and should be prosecuted for the offence.
Issuing a notice to the federal secretary for Sept 19, a division bench comprising Chief Justice Sabihuddin Ahmed and Justice Yasmeen Abbasy restrained the respondent from making any promotion order in the meanwhile. Deputy Attorney-General Akhtar Ali Mahmood was asked to report by Sept 8 whether, and if so what, action had been taken by the respondent to comply with the court order.
