KARACHI: A sessions court on Tuesday asked the director general of military lands and cantonment boards of Rawalpindi to issue proper instructions to the executive cantonment officers of Clifton and Saddar for immediate action against unauthorised construction of high-rise buildings.

The district and sessions judge (south), Ahmed Saba, also ordered disciplinary action against the delinquent officials of cantonment boards for not being vigilant while performing their duties in order to curtail the practice of raising constructions without an approved plan.

While turning down an appeal against a restraining order about an under-construction high-rise building, the court observed that the illegal construction at the site was not only creating difficulties in smooth functioning of the cantonment board, but also a loss of revenue.

The court further said that during the course of arguments it came to its notice that a number of high-rise buildings had been constructed without getting approval plans near Delhi Colony in Clifton and ruled that being the controlling authority to monitor such affairs, the cantonment board had to play a pivotal role to control it by exercising its powers and the persons defying provisions of the law be dealt with.

A proper action was to be initiated against violators as a number of issues would be created due to unauthorised construction of high-rise buildings such as registration of sub-lease in favour of purchasers of flats and the builders might not be competent to put signature on sub-lease papers, it added.

The court further observed that the foremost object to approve the layout plan at the site was to be considered the right of privacy and easement of the people residing in the surrounding areas and the plan was to be approved after calling objections from the public.

It maintained that non-submission of the layout plan was creating alarming situation in the city as to how the facilities of electricity, water and drainage system could be provided to inmates of high-rise buildings.

In the absence of an approved plan, the court also raised the question about how a check could be maintained on the material, which was required to be utilised with a specific ratio, at the time of constructions of such buildings, adding that no responsibility could be fixed upon any person if any mishap took place during the course of raising construction or thereafter.

While justifying the dismissal of appeal, the court observed that it was not mentioned in the case of the appellant that he obtained a permission from the competent authority to raise the construction at the site after submitting the layout plan and the whole system would be collapsed if the appeal was to be allowed in the present situation as it would amount to encouraging persons to continue carrying out constructions without an approved plan.

Mohammad Yaseen Baloch had filed a lawsuit for permanent injunction and contended that Jan Mohammad and three other respondents had occupied a plot in Ahmed Khan Chandio Village near Dehli Colony in Clifton and they with the connivance of the cantonment board were causing harassment to the plaintiff and his neighbours by raising the construction on the said plot without getting approval of a site plan and plot, which was under dispute.

On June 24, a senior civil judge had restrained the respondents from carrying out construction work and maintained the status-quo till obtaining an approved plan from the authority concerned. One of the respondents moved the district and sessions court against the civil court’s order.

Three remanded in police custody

An anti-terrorism court remanded on Tuesday three suspects in police custody till July 27 in a kidnapping for ransom case of a boy.

Ali Mohammad along with his parents Mehboob Ali and Adiba Zohra had been booked for allegedly abducting 10-year-old Abdullah on June 19 in the Defence Housing Authority when he was returning home from a seminary and demanding a ransom of Rs10 million for his release.

The police raided a house in Shah Faisal Colony on July 21, recovered the captive and arrested the suspected kidnappers.

The investigating officer produced the suspects before an anti-terrorism court and sought their custody for questioning.

The judge, Saleem Raza Baloch, of the ATC-III handed over the suspects to police on five-day physical remand with the direction to produce them on the next hearing along with a progress report.

A case was registered under Sections 365-A (kidnapping or abduction for extorting property, etc) and 34 (common intention) of the Pakistan Penal Code (PPC) read with Section 7 of the Anti-Terrorism Act 1997 at the Gizri police station.

Published in Dawn, July 23rd , 2014