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| August 11, 2007 | Saturday | Rajab 26, 1428 |
KARACHI: SHC order against ‘offending builder’
KARACHI, Aug 10: In the context of a Ranchore Lines building accused of violating construction laws, a division bench of the Sindh High Court ordered on Friday that not only would the building be demolished but the builder would also have to pay compensation to everyone who had purchased property in the building. The bench directed the city district government and the Anti-Corruption Establishment to investigate the builder/owner’s title for a ground-plus-six-storey structure raised against a plan approved by the Karachi Building Control Authority for a ground-plus-three-storey structure. Furthermore, the building on plot no. 194, Ranchore Lines, covers not only the compulsory open space but also the road area on three sides.
The agitation against the illegal construction was initiated by a resident of the area, who accused the KBCA of taking no action against either the builder or its own officials who condoned the violations. In its reply, the KBCA pointed that the building is occupied and it is unable to act against the offending builders in the absence of police support, which is not forthcoming. The authority’s counsel, Shahid Jamil Khan, said that the ownership of the building is also in doubt and that the KCBA had issued notices in the press warning the public against purchasing property in the complex. He added that two regularisation plans submitted by the builder had been rejected.
Justices Sarmad Jalal Osmany and Ali Sain Dino Metlo, who constituted the bench, gave the city government and the ACE two weeks to scrutinise the title deeds. If the deeds are found fabricated, the building will be demolished and the builder will have to refund the amount paid to him by the purchasers/allottees.
The KCBA said it had proceeded against officials found to have been involved. The minor penalties earlier awarded to the officials, which had failed to satisfy the court in view of the gravity of the offence, had been converted into major punishments. Accordingly, G.M. Durrani, the concerned assistant controller of buildings, had been compulsorily retired while assistant buildings controllers Hamidullah Shaikh and Arshad Ahmad had been demoted from grade 17 to grade 16. In addition, four annual increments of deputy controller Munawwar Siddiqui and assistant controller Safdar Magsi had been stopped.
The petition will come up for hearing again in two weeks.
Having been found to apparently be involved in trafficking, the petition of an Anti-Narcotics Force informer has been dismissed by Justice Qaider Iqbal of the Sindh High Court.
In his petition, Mohammed Saif had complained of being harassed by the ANF. He had stated that he had given the force valuable information in four cases involving hundreds of grams of heroin, yet his house had been raided by ANF officials.
Appearing on behalf of the ANF, advocate Ashfaq Hussain Rizvi and Maj Naveed, the deputy director of the force, submitted two non-bailable warrants for the petitioner’s arrest issued by a special anti-narcotics court in two cases registered against Saif.
They said that the petitioner had been declared an absconder in the cases and the police was required to arrest him. While the court dismissed Saif’s petition and directed the ANF and the police to strictly adhere to the law, the order also stated that the petitioner may be arrested without being harassed.
Meanwhile, a division bench comprising Chief Justice Sabihuddin Ahmed and Justice Faisal Arbab decided to hear detailed arguments on the question of hearing bail applications of those accused under the Control of Narcotic Substances Act by a single judge of the High Court on Aug 21. Advocate Ashfaq Rizvi had earlier argued that under Section 48 of the CNS Act, 1997, bail matters could be heard by a division bench, just as bail applications of those accused under other special laws such as the Anti-Terrorism Act are heard by division benches.
Justice Mushir Alam restrained Din TV from airing or telecasting the programme ‘Pakistani Idol.’ Advocate Mohammad Ali Mazhar argued on behalf the channel Geo that it had acquired exclusive rights to telecast the programme from M/s Freemantle Media (Private) Limited.
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