KARACHI: Builder told to recompense KBCA for debris lifting
By Our Staff Reporter
KARACHI, Oct 10: The Sindh High Court ordered attachment of an apartment complex in Garden East on Tuesday to ensure that the builder recompenses the Karachi Building Control Authority for expenses incurred by it on removal of debris of an unauthorized floor demolished in pursuance of a court order.
The KBCA informed a division bench comprising Justices Mushir Alam and Maqbool Baqar that it had complied with the court order for the removal of debris of a floor demolished by it following a court order. The high court had ordered demolition of the fifth floor of the apartment complex raised on plot number 171, Garden East, in a petition moved by the purchasers of flats.
The KBCA said in its comments on the petition that the 1000-square-yard plot was initially meant for a one-unit bungalow. The owner was subsequently allowed to construct a ground-plus-four-storied residential complex but he built a fifth floor and intended to add more floors in violation of the approved plan and the building regulations.
The court ordered the KBCA to demolish the fifth floor. The authority complied with the order but the allottee petitioners complained that the debris blocked access to their apartments and might also cause mishaps.
The court asked the KBCA to remove the debris. Reporting compliance, the authority requested the court to attach the premises to help it recover the expenses from the offending builder, who was absconding. The authority said it had spent ‘public funds’ on the removal of debris and it must be recompensed by the builder. The bench allowed the request and ordered attachment.
DEMOLITION ORDERED: Another bench consisting of Justices Anwar Zaheer Jamali and Syed Zawwar Hussain Jaffery directed the KBCA to demolish the illegal construction raised on plot number 217, Bihar Muslim Co-operative Housing Society, Bahadarabad.
The owner-builder got approval for a ground-plus-one floor residential bungalow but built a four-storied apartment complex. When the KBCA issued a notice, the builder approached the high court and obtained an ad interim injunction against the authority.
KBCA counsel Shahid Jamil Khan informed the bench on Tuesday that the illegal construction did not fall within the purview of either the regularization ordinance of 2002 or the regularization notification of 2004.
When a KBCA demolition squad went to the site earlier in February, it was taken hostage by the builder. The builder was guilty of gross violations. He said the chief controller of buildings had already instituted an inquiry against the KBCA officials who were alleged to have helped the builder.
The builder said there was a large number of illegal and unauthorized structures in the vicinity of his plot but no action had been taken by the KBCA. The bench observed that action would be ordered in accordance with the law on all petitions moved in this behalf.
