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SC orders removal of illegal buildings, action against negligent officer

Updated December 28, 2018

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The cost of relocation of the people occupying such illegal buildings shall be taken from the officials of KBCA, says court judgement. ─ APP/File
The cost of relocation of the people occupying such illegal buildings shall be taken from the officials of KBCA, says court judgement. ─ APP/File

KARACHI: While expressing serious resentment over the illegal constructions in the provincial metropolis, the Supreme Court has ruled that the cost for relocation of the people occupying these buildings will be recovered from the guilty officials of the Sindh Building Control Authority, says the written judgement issued on Wednesday partly reported last week.

The bench also ordered the director general of the SBCA to take action against all responsible officers found to have indulged in and abetted such illegal constructions.

These directives have been issued by a three-judge bench of the apex court headed by Justice Gulzar Ahmed on a petition regarding illegal construction in Lyari.

Wants cost of relocation recovered from relevant SBCA officials

The judgement says: “The cost of relocation of the people occupying such illegal buildings shall be taken from the officials of KBCA which was renamed as SBCA themselves from their emoluments and properties and in this respect the DG shall raise funds and such funds shall include contribution from the DG himself also.

“Further, if these constructions have been carried out during the tenure of any other incumbent official, who has retired or is no more in employment, then after proper notice, recovery from retirement dues and his properties shall be made by the KBCA. The AGPR (accountant general of Pakistan revenue)/Accountant General, Sindh, to be notified accordingly.”

Action against official ordered

The bench further observed in its order that as many as 17 illegally constructed buildings had been pointed out in Lyari and ordered legal action against the SBCA deputy director in charge of Lyari, Ejaz Malik, and others after the official admitted that he was unable to perform his duty.

It observed that Mr Malik had been altogether negligent in performing his functions and there was hardly any reason or justification for the SBCA to retain him in service.

The bench further noted that it was not only Lyari where such illegal constructions had been carried out, but such constructions had been done all over Karachi and the SBCA DG must take action against all the responsible officers/ officials found involved in it. The DG must also ensure that measures in accordance with law be taken to remove illegal buildings by ensuring relocation of the occupants, it added.

Notice issued on bail plea

A two-judge bench of the apex court headed by Justice Maqbool Baqar on Thursday issued notices to the National Accountability Bureau on the bail applications of a former chairman of the Fishermen Cooperative Society and others in a corruption reference.

Former FCS chairman Abdul Saeed Khan and two contactors through their counsel moved the Supreme Court after the Sindh High Court had dismissed their bail applications.

NAB had filed a reference against the then FCS chairman Dr Nisar Ahmed Jan Memon, alias Nisar Morai, former chairman Abdul Saeed Khan, former FCS vice chairman Sultan Qamar Siddiqui and 10 other officials and contractors for allegedly misusing authority, embezzling of funds, making illegal appointments and awarding fake contracts during 2014-15 causing a loss of over Rs343 million.

Published in Dawn, December 28th, 2018

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