HYDERABAD: The Hyderabad circuit bench of the Sindh High Court on Monday turned down a counsel’s request to issue notices to Sindh Building Control Authority (SBCA) and registrar of Sindh High Court (SHC) in a case of construction of a high-rise building opposite central jail Hyderabad.

The division bench comprising Justices Mohammad Iqbal Mahar and Khadim Hussain M. Shaikh directed the counsel to submit all the orders passed by the court in the case.

Malik Altaf Javed, counsel for M/S Shiza Ali Builders & Developers, requested the bench to issue notices to respondents SBCA, SHC registrar, inspector general of prisons Sindh, deputy inspector general of prisons and commissioner Hyderabad.

He said that he had not yet received any notice from the registrar, which was in fact an “administrative order” by SBCA, therefore, it should be set aside.

In his petition, he stated that SHC registrar had joined the petition as a party because the administrative order passed on June 2, 2014, had caused controversy.

Mr Altaf said that permission was granted to his client’s project on Jan 16, 2013, and when the project was in full swing the commissioner conveyed to him an administrative order passed by SHC registrar on June 24, 2014.

He said that the letter did not disturb his client because it called for stopping “illegal construction”. But, he said, respondents including secretary home, IG prisons and others treated it as a general directive and asked petitioners to stop construction immediately.

He said that later the commissioner submitted a request to SBCA through a letter dated April 1, 2016, to seek cancellation of no-objection certificate (NOC) of the petitioner.

Accordingly, he said, the petitioner was directed to stop construction at the site till further orders.

The petitioner then approached quarters concerned and requested a meeting which was held with IG and DIG prisons and SBCA regional director.

He said that he was directed to redesign windows and galleries of the building to stop jail’s view from the structure.

The petitioner was directed to construct two towers on the roof for the security of the prison and hand them over to jail administration, he said.

Mr Altaf said that petitioner was directed to provide detailed particulars of clients to jail management. He submitted modified drawings of the building and finally, a meeting held on Aug 16, 2017, attended by DIG prisons, Qasim Rangers’ wing commander, Hyderabad jail chief, issued NOC to the petitioner’s manager and directed him to approach SHC registrar for seeking permission to resume construction.

He said the petitioners submitted minutes of Aug 16, 2017, meeting to the SHC but he did not get a favourable response. The registrar directed the petitioner to approach relevant forum, therefore, he had filed the petition in this court which was in fact relevant forum.

He termed the April 7, 2016, letter as illegal and mala fide as it was issued in sheer disregard of high court’s directives and contended that a false pretext of security concerns was mentioned to hamper the project.

The petitioner was given NOC to raise construction, therefore, petitioner could not be deprived of construction which already had reached advanced stage.

He said the impugned order arose out of “administrative order” passed by SHC registrar, therefore, its legality could be examined.

He asked the court to declare the impugned order as violating the court’s directive and thus be set aside. Operation of April 7, 2016, order should be suspended till disposal of instant petition, he said.

Published in Dawn, November 14th, 2017