KARACHI: SHC orders demolition of illegal structure
By Our Staff Reporter
KARACHI, Dec 7: The Sindh High Court ordered on Thursday prompt demolition of an unauthorised structure and directed the crimes branch to conduct an inquiry into the alleged fabrication of documents by the builder to substantiate his case.
Builder Noman instituted a suit challenging a demolition notice issued by the Karachi Building Control Authority (KBCA) for building a third floor in violation of the sanctioned plan of a one unit, ground-plus-two-floor bungalow for plot number 50, Block 3, Bihar Muslim Cooperative Housing Society, near Bahadurabad, and obtained an interim stay order.
He claimed that he had submitted a regularisation plan and paid the requisite fee. The builder prayed that the KBCA be asked to process his application for regularisation instead of issuing a demolition notice.
The KBCA joined the proceedings in response to the court’s notice. Its counsel, Shahid Jamil Khan, maintained that the regularisation plea had been taken only to make out a case for an ‘ex parte’ interim order. According to the KBCA record, no regularisation application was pending before it. The builder has, in fact, started construction of a fourth unauthorised floor under the cover of stay order during the Eidul Azha holidays.
The authority said the builder and his men harassed its demolition squad and threw hot water on it from the top floor. It moved a contempt application against the builder for abusing the process of law.
The builder produced a bank receipt for Rs61, 926 to assert that he had paid the regularisation fee and submitted an application.
He also presented an acknowledgement slip evidencing receipt of the regularisation application by the KBCA. The court extended the stay order and appointed a commissioner to inspect the site. The commissioner confirmed the construction of unauthorised floors.
The KBCA checked its record and also made inquiries from the bank branch, which allegedly issued the receipt for regularisation revealed.
According to an affidavit filed by Syed Asif Rizvi, deputy controller of buildings, Gulshan Town, the bank receipt and the acknowledgment slip were bogus and the builder had faked the signatures and seals. Justice Munib Ahmed Khan, who heard the suit and the contempt application, on Thursday ordered the demolition of the unauthorised structure and directed the KBCA to submit a compliance report within 15 days.
The Gulshan Town police officer was asked to provide all assistance to the authority in evacuation and demolition of the structure.
The crimes branch was asked to investigate the alleged fabrication of document by the plaintiff and submit its report within 15 days. The hearing of the contempt application was adjourned until after receipt of the investigation report.
