HYDERABAD: A report submitted to the Hyderabad circuit bench of the Sindh High Court on Monday informed the court that a 13-storey high-rise commercial project in Latifabad Unit-3 had encroached a portion of Autobahn road and was therefore liable to be removed.

The report was filed by additional registrar Syed Sabit Ali Shah whom the division bench comprising Justices Salahuddin Panhwar and Fahim Ahmed Siddiqui had appointed commissioner in the wake of a petition submitted by Habibullah Memon, a resident of Latifabad Unit-3.

The petitioner, a retired doctor of Sindh local government, said that the owner of the high-rise, Dawood Centre, located on plot No.20-A had encroached upon more than eight-foot area of the green belt of the road.

The project had been built in a residential area without getting the land use converted to commercial as per relevant laws and obtaining approval from the planning department, he said.

He said that he had pointed it out to the project owner before the construction got under way that the green belt should not be encroached upon but the builder did not pay heed.

He said that his attorney also submitted an application to the Sindh Building Control Authority but in vain. Then, he complained to the officers concerned but they too appeared to be in league with each other. The court, therefore, was requested to order removal of the encroachment on public space, he said.

The additional registrar confirmed in the report after visiting the site on Sept 11 that the original area of Dawood Centre was 1,334 square yards on plot No.20-A. The defunct TMA issued no objection certificate to the builder for conversion of land use to commercial and approved the multi-storey building with the inclusion of excess area of 194 square yards in 2012, he said.

Later, Hyderabad municipal commissioner allowed amalgamation of a plot 19-A adjacent to the project site in 2013, making the total covered area of the project 2835.77 square yards, he said.

He informed the court that around 18x22ft of the road on southern side of the project was encroached upon to build a ramp for vehicles. The road on the northern side was 40ft but it was also encroached upon in front of the gate of the petitioner’s house, he said.

He concluded after making measurements around the Autobahn road that “after the site’s inspection, it is submitted that the encroached area is liable to be removed and the allotment of 194 square yards excess space of the road by TMA may also be inquired as to whether the TMA is competent to allot it.”

The bench adjourned the matter to Oct 9 after issuing directives to the petitioner to amend the title of his petition.

Published in Dawn, September 26th, 2017