KARACHI, Aug 9: The Sindh High Court on Tuesday reserved order in the Japanese consulate building case. M/s Chaman Investment said in their suit that the building, in front of a hotel on Abdullah Haroon Road, has been raised in violation of rules and regulations.

The sanction given by the Karachi Building Control Authority was unlawful. Mandatory open space and cut line have been encroached upon, thereby, blocking any prospect of widening of the busy road. A boundary wall has been constructed without authorization. No copy of the approved design was furnished to the plaintiffs. The building restricted access to the plaintiffs’ business premises and infringed their easement rights. The cameras fitted on the building impinged on their privacy.

The consulate-general said it could not be sued except through the prescribed procedure, which has not been adopted by the plaintiffs. The building design has been approved by the KBCA, which has the final say in the matter. It has already started functioning without causing any nuisance or inconvenience to the plaintiffs or the public at large.

The KBCA submitted that it approved a ground-plus-two-floor structure in accordance with the rules and regulations. The SHC nazir has verified that the construction has been raised in accordance with the approved plan. A copy of the design could not be given or shown to the plaintiffs for security reasons. Insofar as the cut line and boundary wall are concerned, the KBCA has regularized the structures subject to an undertaking by the consulate that they will be removed whenever space is required for road widening.

Justice Rehmat Husain Jafri reserved order after hearing plaintiffs and defendants. Advocate Faisal Kamal Alam appeared for the plaintiffs and Advocates Chaudhry Jamil and Shahid Jamil Khan for the consulate and the KBCA, respectively.

Justice S. Ali Aslam Jafri, meanwhile, summoned M/s Ashiana Builders on Wednesday in a contempt application moved by the KBCA, which complained that the builders were going ahead with violative construction despite a stay order. The authority requested the court to vacate its restraint order against the demolition of violative structure.