KARACHI: Top KBCA officials to face action: SHC ruling on violation
By Shujaat Ali Khan
KARACHI, Aug 31: Justice Maqbool Baqar of the Sindh High Court asked the chief controller of buildings, Karachi Building Control Authority, on Thursday to take action against the KBCA officials who allowed a ground-plus-three-floor apartment complex to come up on a 363-square-yard plot meant for a doubly-storey one unit bungalow near Bahadurabad
Declining a KBCA plea for a demolition order, the judge directed the court nazir to inspect the site within a week to see whether the flats were occupied or unoccupied. Further hearing was adjourned to Sept 5. No third party interest would be created in the meantime.
Appearing in response to a court notice, CCOB Mumtazur Rahman Khan submitted that a building plan for a double-storey bungalow was approved by the KBCA for plot number 217, Block 3, Bihar Muslim Co-operative Housing Society, near Bahadurabad, in May 2005. However, a ground-plus-three-floor apartment complex was raised; and when the authority objected, an application for regularization under a notification that expired in 2004 was submitted along with picture of another under-construction structure.
The KBCA rejected the application and the owners instituted a suit in the high court and obtained a restraint order ‘ex parte’. The CCOB said the suit had been instituted to browbeat the KBCA into regularizing the illegal structure.
Asked by the court why no action was taken for demolition of the illegal structure, the CCOB maintained that three operations were launched for demolition during one of which the entire demolition squad and other KBCA officials were taken hostage. The judge remarked that the KBCA successfully demolished structures it really wanted to pull down and untenable reasons were put forth for inaction where its officials were involved.
The CCOB said the KBCA alone could not ensure demolition when other civic agencies and utilities like the Water and Sewerage Board, the Karachi Electricity Supply Corporation and the Sui Southern Gas Company did not co-operate with it. If they refused to provide connections to illegal structures or severed their connections subsequently, the builder or owner would be compelled to adhere to the law and rules. A demolition operation, particularly of an occupied building, needed police assistance and protection, which, the CCOB said, was seldom available.
He informed the judge that the KBCA filed a constitutional petition for establishment of its police station and for appointment of a special magistrate and it was pending hearing before the court.
Justice Baqar reprimanded the KBCA chief for taking shelter behind lack of powers and police assistance to justify the inaction and corruption of the authority.
The CCOB said he was only explaining the inability of the KBCA caused not only by the absence of co-operation of police and civic agencies and utilities but also by shortage of manpower and equipment available to it.
Pressing for a demolition order, KBCA counsel Shahid Jamil Khan submitted that the building was only partly occupied and the occupants could be easily evicted by police. He apprehended that the entire building would be ‘filled’ with occupants overnight to confront the court nazir with a ‘fait accompli’.
The judge ordered action against the controller, deputy controller, assistant controller and the architect concerned and adjourned the hearing to Sept 5. The suit has been filed by nine plaintiffs against rejection of their regularization application and for an injunction against the KBCA.
