KARACHI, Feb 13: No sub-lease of apartments and shops shall be registered without a no-objection certificate from the Karachi Building Control Authority, the Sindh High Court declared on Tuesday.
In its report on implementation of a court order of November 7, 2006, the KBCA said innocent purchasers acquire shops and flats without verifying the status of buildings, which are occupied without occupancy certificates.
The mandatory requirements are violated by the builders and conveniently ignored by the purchasers. Creation of third party interest and occupancy of unauthorised structures hinder the enforcement of the building regulations. Demolition cannot be undertaken without evicting the occupants, which necessitate police assistance, which is seldom provided.
In pursuance of a previous high court order, the KBCA report said, the provincial board of revenue issued a circular in May 2004 asking the property registrars not to allow sub-leases without the mandatory no-objection certificate from the authority. The circular was, however, withdrawn in September 2004 and the unscrupulous builders resumed the practice of selling flats and shops without occupancy or no-objection certificate from the KBCA.
Allowing the KBCA request for re-imposition of the NOC requirement, an SHC division bench comprising Justices Mushir Alam and Mohammad Afzal Soomro asked the board of revenue and the registration authorities not to permit execution of sub-leases without the requisite KBCA certificates.
About the drawing of a plan for coercive action against unauthorised structures raised in the vicinity of the Quaid-i-Azam’s mazar, the report said a meeting between the chief controller of buildings and the inspector-general of police was held in the advocate-general’s office in December 2006. The meeting was inconclusive and the advocate-general would submit a report on it. As for action against offending builders and developers, contractors, architects and engineers, the KBCA would submit another report within three weeks.
The KBCA counsel, Shahid Jamil Khan, informed the bench that the authority has moved a writ petition for a direction to the provincial government to amend the Sindh Building Control Ordinance 1979, for establishment of its own police station with power to register cases and appointment of a special magistrate to order appropriate action. The amendment would obviate the need for police assistance every time eviction or demolition of a building is required.
HYDRANT CASE: Another division bench consisting of Justices Sarmad Jalal Osmany and Ali Sain Dino Metlo asked the city district government to submit a plan in respect of the shifting of Muslimabad hydrant or an alternative route or tankers drawing and supplying water from it by February 28.
