SHC asks NAB to investigate SBCA affairs

Published August 23, 2020
The two-judge  bench observed that the SBCA officials have misled it while filing a fictitious compliance report in February. — File photo
The two-judge bench observed that the SBCA officials have misled it while filing a fictitious compliance report in February. — File photo

KARACHI: The Sindh High Court has expressed resentment over the Sindh Building Control Authority (SBCA) for flouting its orders regarding unauthorised construction on a plot and not producing its original documents and directed the National Accountability Bureau (NAB) to investigate it.

A two-judge bench headed by Justice K.K. Agha suspended an assistant director of SBCA and directed its director and deputy director to appear before it on Sept 10 along with all available record.

While hearing a matter regarding unauthorised construction on a plot measuring 333 square yards in Landhi, the bench observed that the SBCA officials have misled it while filing a fictitious compliance report in February since they did not demolish an inch of the unlawful construction on the plot and the construction continued and crossed beyond fourth floor.

It further said that the approval letter of ground-plus-two floors was filed by the SBCA without an actual plan and no document had been produced so far regarding amalgamation of the plot in question.

“Ample opportunities were provided to the SBCA officials to file comments and approved plan, documents related to amalgamation and approval, if any, but they repeatedly failed despite the passage of more than a year,” it added.

As the SBCA claimed that the original file of the plot in question was missing, the bench observed, “it is not difficult to understand as to why the file is not being traced while construction is being continued.”

“It is also surprising to note that despite orders, fake compliance report was filed by the officials of SBCA and flouted the order of the bench,” it added.

The bench observed that when the court nazir inspected the plot in question, an assistant director informed him that the official file of the plot was missing and even in the courtroom the lawyer for the SBCA kept quiet and requested for more time to produce the documents.

The SBCA assistant director Landhi Town, Fayyaz Siddiqui, appeared before the bench and submitted that the file of the plot in question was missing. Upon which the bench said it heard him and found his reply unsatisfactory.

“We have no other option but to send the matter to the NAB authorities to enquire and investigate and initiate proceedings as to how the files of subject plot for which construction and amalgamation are disputed were lost/missed. Assistant director as such in view of the above is suspended to perform further duties. Deputy director and director, SBCA concerned as such are directed to appear in person in court on the next date of hearing along with all relevant record, if available with them, failing whereof, appropriate order in this regard shall also be passed,” the bench ruled.

Published in Dawn, August 23rd, 2020

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