July 31, 2007	Tuesday	Rajab 15, 1428

LAHORE, July 30: The Supreme Court on Monday gave a strong warning to builders and owners of illegal structures by ordering the demolition of the entire eight-floor extension of the Masood Hospital located at Kalma Chowk on Ferozepur Road.

A special bench of the Supreme Court comprising Justice Khalilur Rehman Ramday and Justice Falak Sher, taking up the case of high-rise buildings in the provincial metropolis, gave the Lahore Development Authority (LDA) three months to demolish the structure when LDA Director-General Arif Malik sought time frame for completing the task.

He submitted before the court that the authority would pool its own resources for demolition as well as outsourcing it to complete the job within a stipulated period.

The court directed that the premises be sealed immediately. The LDA did the needful in the evening.

Justice Ramday warned that no one involved in illegal construction would be spared no matter how influential or well-connected he was.

“None should think that he can save his skin through sifarish (of some influential person)) or by bringing letters from the prime minister,” remarked Justice Ramday, who had headed the 13-member full court which restored the Chief Justice in a landmark decision on July 20.

During the proceedings, the court also asked the defence counsel to be careful as he (the counsel) was trying to confuse and mislead the court.

The court wondered that the respondent did not have even a single copy of the revised building plan it had submitted with the LDA for approval.

Scanning the blueprint submitted by the LDA with the claim that it was the old one with addition of just a couple of lines in the drawings, Justice Falak Sher observed that the ink used for adding the lines looked quite fresh and different from the rest of the map.

For submitting the revised plan with the LDA, the respondent had taken the plea of negative soil testing report. The court wondered how eight floors had been constructed at the site whose soil testing report was not positive.

The apex court also directed the LDA DG to inspect building bylaws violations in the Software Park, a state-owned building in the city, otherwise private builders would take the plea that they too should be allowed the same concessions granted to the official structure.

On a plea of the LDA counsel, the court allowed the authority DG to reinstate those officials who could work efficiently. During an earlier hearing in the same case, the apex court had suspended four LDA officials for their failure in implementing building bylaws.

SALAR CENTRE: The court noted with annoyance that the Salar Plaza (Garden Town) builders had submitted a post-dated Rs50 million cheque to pay the fine imposed by the court during the last hearing.

The builders had earlier furnished a pay order to the tune of Rs50 million. The court however said the fine could only be paid in shape of cash or through a cheque and gave the builders an hour to arrange the payment. A representative of builders then submitted a cheque for Aug 5.

When the court objected to its being post-dated, the representative submitted the cheque for July 30.

Justice Ramday directed the court staff to check with the bank whether there was sufficient amount in the account of the respondent.

The staff, after contacting the bank, informed the court that the account did not have enough amount for the cheque encashment.

The learned judge was annoyed at this and directed registration of an FIR against the man. However, on his assurance that the cheque would not be dishonoured, the court let him go.

cement plants case: Advocate M A Qureshi has moved the Supreme Court in an application requesting the apex court to fix for hearing on Aug 1 the petition filed by the Pakistan Environmental Law Association (PELA) challenging the establishment of cement plants and other industrial units in the picturesque Saun Sakesar valley.

The PELA had filed the petition in September 2005 in the SC with the plea that the plan for the establishment of six cement factories, a paper mills and other industries in the area, extending between Kallar Kahar and Choa Saiden Shah, would make an adverse impact on the ecology of the historic area, destroy agricultural activity on about 40,000 acres of land spread over about 12 villages and cause health hazards to around 250,000 population.