0
KARACHI, Sept 21: A police station is to be placed at the disposal of the Karachi Building Control Authority to enforce the provisions of the Sindh Building Control Ordinance (SBCO), 1979, and judicial orders passed under it, the Sindh High Court ordered on Friday.
A division bench comprising Justices Sarmad Jalal Osmany and Ali Sain Dino Metlo was hearing a petition against the KBCA failure to comply with a high court order for demolition of an unauthorized structure at Lyari. Advocate Shahid Jamil Khan, counsel for the authority, said a KBCA demolition squad sent to the site to comply with the court order met a stiff resistance from the builder and occupants of the unlawfully constructed building. Police were requested to provide the necessary assistance but they were unable to depute a contingent.
Additional Advocate-General Sarwar Khan said police assistance could be provided on a case-to-case basis provided the town police officer concerned was informed three days in advance of the demolition operation. A city district government police station was already functioning at the Civic Centre and its services could be acquired for the purpose. The station in-charge, Deputy Superintendent of Police M. Zubair, also assured assistance to the KBCA.
Vehemently contesting the claim, the KBCA counsel said the CDG police station was set up after merger of the (defunct) Karachi Development Authority and the Karachi Metropolitan Corporation police stations. According to the relevant home department notification issued in 2005, the police station was to deal specifically with CDG campaigns against encroachments. Though it worked under the overall supervision of the city nazim and the district co-ordination officer, the station was not empowered to take cognizance of offences under the SBCO.
The counsel said over 500 cases involving alleged non-compliance of court orders were pending and the KBCA had to expend a lot of time and resources defending itself against contempt allegations. The authority could not discharge its functions in the absence of police assistance and that was why it had moved a petition for amendments to the SBCO for establishment of a separate police station and appointment of a special magistrate.
The bench ordered that the 2005 notification issued by the home department should be amended by October 18 to bring the SBCO and orders passed under it within the remit of the police station. A copy of the amended notification would be placed before it. The capital city police officer was also asked to issue directions to the town police officers to provide the necessary assistance to the KBCA. Supervised by a DSP, the Civic Centre police station has four inspectors, 12 head constables and 86 constables.
Builder to pay cost
The builder-developer of Greenbelt Residency, Clifton, was, meanwhile, directed by Justice Nadeem Azhar Siddiqui to deposit Rs100,000 with the court nazir within a week. Petitioner Suraiya Jatoi, wife of Advocate Z.K. Jatoi, was allowed to carry out the finishing and other work necessary to make the apartment booked by her habitable. She would also be allocated space in the reserved car parking area. The builder had earlier provided her car parking on the ramp of the complex in pursuance of an earlier court order. The petitioner would submit the bill for finishing work supervised by her to the court nazir, who would release the requisite amount out of the deposit made by the builder, who would appear in the court on October 5 to report compliance.
Action against milk sellers
The bench headed by Justice Osmany, meanwhile, passed a consent order stipulating action against the overcharging milk retailers under the 2006 provincial law. The 1977 federal law against profiteering and hoarding hitherto being enforced by the city district government provided for two years imprisonment and Rs100,000 in fine. The provincial law prescribes only three months’ jail and Rs10,000 as fine and the petitioner milk sellers wanted to be prosecuted under it. The city government had no objection to the plea pending the petition for an agreed milk price. The retailers are to sell milk at the court-fixed price of Rs32 per litre and could be booked under the provincial anti-profiteering law if they charge more.
