KARACHI: SHC stops builder from covering ‘open space’
By Shujaat Ali Khan
KARACHI, Aug 31: The Sindh High Court restrained the builder of a 17-storeyed plaza from raising construction on the compulsory open space under a waiver allegedly granted by the Karachi Building Control Authority.
The construction of ‘Defence Regency’ on Korangi Road near the Shaheed-i-Millat Road flyover by M/s City Developers was challenged by M/s Printek (Pvt) Limited through Advocate Salahuddin Ahmed. Non-governmental organisation Shehri joined in the proceedings.
The construction firm submitted that the KBCA had granted it a waiver from the requirement of leaving the compulsory open space uncovered. The entire open space could be utilised for the plaza as after the waiver. The KBCA sanctioned the building plan submitted by it. There was no violation involved as the KBCA exercised its power under the law and rules and the structure was raised in conformity with the approved design.
The counsel for the petitioner and Shehri said the KBCA had been indulging in irregularities of all kinds but this was the first time that a violation had allegedly been regularised before its commission. The KBCA or its chief executive had no authority to override the provisions of the Sindh Building Control Ordinance or the Karachi Building and Town Planning Regulations.
A division bench comprising Justice Sarmad Jalal Osmany and Ali Sain Dino Metlo asked the court nazir to inspect the site to ascertain the truth. The construction had just started and has hardly reached the plinth level.
Pre-arrest bail decision
The Sindh High Court ruled on Friday that pre-arrest bail applications of accused under the special anti-narcotics law can be heard and decided by a single judge.
A division bench comprising Chief Justice Sabihuddin Ahmed and Justice Faisal Arab overruled a 1999 single judge’s decision that the bail plea be heard by a division bench.
Anti-Narcotics Force counsel Ashfaq Hussain Rizvi argued that under Section 48 of the Control of Narcotic Substances Act, appeals against conviction could only be heard by a division bench. Bail matters under all special laws, including the National Accountability Bureau Ordinance, the Anti-Terrorist Act, the Suppression of Terrorist Activities Act and the Banking Ordinance, were heard by a division bench and disposal by a single judge would be a departure from the consistent practice since 1999.
Assistant Advocate-General Abdul Jabbar Lakho supported the contention raised by defence counsel Adnan Karim that pre-arrest bail matters could be entertained by a single judge under Section 498 of the code of criminal procedure. The bench upheld the view.
Eshwar’s plea
The High Court of Sindh on Friday adjourned the hearing of an appeal filed by a member of the treasury benches in the Sindh assembly, Eshwar Lal, against the acquittal of PPP MPAs Nisar Khuhro and others charged with beating him up during an assembly session, adds APP.
MPA Eshwar Lal moved the SHC against the acquittal awarded by the district and sessions judge (South), Zaheer Ahmed S. Leghari, on July 13, to the leader of the opposition in the Sindh assembly, Nisar Ahmed Khuhro, and another PPP MPA, Syed Murad Ali Shah.
The single bench of the SHC comprising Justice Qaiser Iqbal has given a week to the counsel of Mr Lal to bring on record the documents in support of his contention that the trial court misread the evidence in case, and adjourned the hearing.
