KARACHI, Dec 16: A division bench of the Sindh high court, comprising Justice Sabihuddin Ahmed and Justice Amir Hani Muslim, on Tuesday ordered attachment of top floor of a commercial/residential building in Clifton here.

The bench, appointing Nazir of SHC as commissioner, ordered that the top floor be sealed immediately.

The bench was hearing a contempt of court application moved by Syed Zahid Ali.

At the outset of today’s hearing, counsel for alleged contemnor tendered unqualified apology and submitted that the alleged contemnor has not committed any contempt and has not violated any order of the court.

The court has earlier ordered that no construction will be raised on fourth floor and no third party interest would be created.

Barrister Naeem-ur-Rehman, appearing for petitioner/applicant, submitted that in fact respondent have sold out entire fourth floor whereas they are supposed to sell flats or residential units.

The bench asked that how can entire roof can be sold. The counsel said that “Barsati” is sanctioned by the Karachi Building Control Authority (KBCA) which might have been extended.

To a query by the bench with respect to “Barsati,” the counsel for respondent/alleged contemnor said that it was for storing water. The court observed that if apology was tendered with an open heart, the way to resolve the controversy is demolition of the alleged structure at the cost of the alleged contemnor.

The counsel for alleged contemnor said that his client has not raised any construction and the same was raised by someone else.

He suggested to the court to order that demolition be carried out at the cost of the person who raised the alleged illegal structure.

He also sought an adjournment submitting that he has to leave for Islamabad by a flight departing at 4 pm and, therefore, the matter can be heard on merit on a later date.

The bench on the request of counsel for respondent put off further hearing till Dec 23 while ordering attachment and sealing of the disputed top floor of the said building constructed on plot BC-20, Clifton, Karachi.—APP