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KARACHI, May 25: The Sindh High Court (SHC) directed the Karachi Building Control Authority (KBCA) on Friday to approve construction of a multi-storeyed commercial complex on an amalgamated plot bordering three roads without waiting for a no-objection certificate (NOC) from the city government.
The chief controller of buildings, Rauf Akhtar Farooqui, appeared before a division bench and submitted that notice against the amalgamation of four plots on Sharea Faisal, Tipu Sultan Road and an adjoining 40-feet road was issued to the petitioner owner, Arshad Abdullah, by his predecessor, Mumtazur Rehman Khan, and that he had no objection either to amalgamation or to grant of sanction.
Mr Farooqui was called to personally explain why the petitioner was issued a show-cause notice against the amalgamation despite a high court order that his building plan should be sanctioned in accordance with the rules.
He said he had taken over as the CCOB on May 12 and was not responsible for the acts of his predecessors.
He undertook to comply with the court order within two weeks and a division bench comprising Justices Amir Hani Muslim and Ms Yasmin Abbasy allowed the petition in terms of his assurance.
The amalgamation of four plots situated on different roads and spread well over 4,000 square yards was accorded by the KBCA in 1996.
When the owner-builder approached the court against withholding of the sanction, KBCA counsel Shahid Jamil Khan said the 1996 approval was given in gross violation of the rules as the plots were residential and situated on different roads, one of which had not been commercialised.
The plots, the counsel said, were not in alignment and their combined area exceeded the maximum limit. The dimensions of the amalgamated plots were such that it would not be possible to enforce the requirement of compulsory open space.
The construction of a huge commercial complex in a congested area would cause hardships to the residents and put more strain on the already overburdened utilities. Besides, the KBCA required a no-objection certificate from the city government before sanctioning the building plan.
Asked by the court how a nine-year-old approval could be rescinded now, the KBCA counsel maintained that a bona fide mistake of law could be rectified at any stage. The court observed that it was too late in the day and the KBCA was obliged to grant sanction.
In another case, the division bench cautioned the CCOB to be careful in the future.
He failed to submit a report on the action taken by the authority against its delinquent officials responsible for the construction of a violative structure on plot B-20, Block 13, Gulshan-i-Iqbal.
The court had ordered the attachment of the subject property and disciplinary action against officials guilty of dereliction of duty.
The CCOB held his predecessor and the legal department responsible for his failure to comply but his statement was denied.
PETITIONER FINED: The bench ordered a non-governmental organisation, Karachi Peace and Justice Society, to pay costs amounting to Rs15, 000 for filing a frivolous petition based on bogus allegations.
The petitioner had alleged that plots 822 and 823 in Jamshed Quarters had illegal constructions raised on it. Advocate Kashif Hanif submitted a rejoinder on behalf of the KBCA saying that while the building constructed on plot 822 had been regularised, the structure on plot 823 was being processed for regularisation.
The petitioner had not bothered to ascertain the correct position and had moved the court with misleading information. The bench ordered that the costs would be recoverable as arrears of land revenue.
The bench disposed of a petition moved by Mohammad Omar through Advocate Ghulam Qadir Jatoi against threatened demolition of his three-storeyed building known as ‘Ambreen Apartments’ on D’ Souza Road, Soldier Bazaar.
He said the plot was first leased out in 1862 for 99 years. The lease was renewed for another 99 years in 1962. CDGK counsel Manzoor Ahmed denied that any notice had been or was being issued to the lessee and the petitioner sought to withdraw his petition after the assurance.
MOSQUE DEMOLITION: The bench directed the Lyari Expressway project director to submit a report on the alternative site being offered to the Qadri mosque, mazar and madrassa complex in the PIB Colony sought to be demolished to make way for the expressway.
The mosque administration submitted through Advocate Shaukat Ali Shaikh that the project should be diverted in order to leave the complex intact or the petitioner should be allotted an alternative site.
The paltry compensation being offered by the city government was not acceptable. The project director was asked to appear on May 30 again to resolve the matter.
