January 30, 2008	Wednesday	Muharram 20, 1429

KARACHI, Jan 29: Caving in after the open support shown by Sindh Governor Dr Ishratul Ibad, the Sindh government has granted a no-objection certificate (NOC) to the NED University of Engineering and Technology to carry out construction work in its city campus on a building that is protected under the Sindh Cultural Heritage Protection Act, Dawn has learnt.

The status of the on-going construction had earlier been illegal since it was initiated without the university having obtained the mandatory permissions. Sources pointed out, however, that the NOC’s issuance became a mere matter of time after the governor, who is also the chancellor of the university, extended open support to the project.

The heritage protection laws deny anyone, including the owners, the right to carry out any sort of construction, repair or restoration work in a protected building and prescribe long prison terms and heavy sentences for violators. Carrying out construction on such a site requires prior permission from the advisory committee on cultural affairs, which is headed by the chief secretary, and the plans must be approved by the Karachi Building Control Authority (KBCA).

As has been reported in this newspaper, the NED construction/restoration project being carried out by Anila Naeem and Dr Nauman Ahmad of the university’s architecture department under the guidance of vice-chancellor Abdul Kalam, was initiated long before the NOC was granted.

In a Dec 7, 2007, communication to the NED University on the subject “Technical evolution of NED city campus restoration project”, the Sindh Cultural Department (SCD) stated that “[the] NOC is hereby granted for the restoration project of NED University of Engineering and Technology City Campus Karachi on the ground to strictly follow the conservation principles in view of the report and recommendations of Mr Arif Hassan, Architect and Planning Consultant, member (technical evaluation committee) of Culture Department and of Anila Naeem, Associate Professor, department of Architecture and Planning, NED University Karachi and member (technical evaluation committee) of Cultural Heritage dated April 5, 2006.”

Sources told Dawn that copies of this ‘NOC’, issued by SCD section officer Mukhtar Alam Mallah, were also sent to Arif Hassan, Anila Naeem and others.

Authority overstepped

They pointed out, however, that the SCD had overstepped its authority since the provincial culture department’s jurisdiction over the issuance of such NOCs was limited and it could grant such permission only after the decision had been taken by the advisory committee on cultural affairs. In this case, however, the SCD had issued permission without waiting for a decision by the advisory committee.

While the advisory committee ought to have taken action against the manner in which the SCD had overstepped its authority, it instead formally granted the NOC in a Dec 12, 2007, meeting. Sources said that the issue was not discussed in any detail and the meeting merely stated that: “NED University City Campus: the committee confirmed NOC granted to NED University, City Campus project issued by Culture Department, vide dated: 07-12-2007.”

Inside sources claimed that the Sindh Culture Department (SCD) was ‘persuaded’ to issue the NOC quickly since it is ordinarily quite hard to get permission from the advisory committee on cultural affairs, a few members of which are private citizens.

Governor’s partisan stance

When the construction work was initiated, the NED University had neither the NOC from the advisory committee nor the approval of plans by the KBCA.

When the matter was taken up by the press, Governor Ibad became involved. In early December, a letter was sent from the Governor’s House asking the chief secretary to direct the secretary culture and the KBCA to ignore the construction work – which was illegal at that time – being carried out by the NED University.

Following the governor’s orders the KBCA, which had until then been pursuing the case diligently, gave in to the pressure and looked away from the illegalities.

When the story was reported by this newspaper, the governor came to the rescue again and on Dec 11, 2007, issued a statement saying that the university had the necessary NOC from the relevant government organisation.

Until that time, however, the university had obtained an ‘NOC’ from the SCD only, which did not have any legal value. Sources said that following the governor’s statement on Dec 11, the advisory committee – which is the only government body that can legally issue the permission – met on Dec 12 and issued the NOC.

Also interesting is the fact that a number of NED staff members attended the Dec 12 meeting of the advisory committee. Sources pointed out that this was a clear example of a clash of interests: NED staffers who were members of the advisory committee and its sub-committee ought not to have attended the meeting at all. In doing so, they had further compromised the integrity of a decision over an issue that was already tainted by the governor’s partisan stance.

Conservationists have urged the authorities to review the composition of the advisory committee on cultural affairs to ensure transparency. They point out that the committee’s credibility had already suffered a set-back when it, and the SCD, failed to take action against the NED University for the illegal construction work it was carrying out, apparently because a few of the committee members were employed by the educational institution.

Meanwhile, sources said, the university ought to have waited until it was issued the permissions relevant in this regard. In carrying on regardless, the institution had given its students the message that illegalities were irrelevant if one were influential.