KARACHI: The Sindh High Court on Tuesday directed the Sindh Building Control Authority (SBCA) to inform it whether the Building Code of Pakistan and fire safety provisions were followed while granting approval of proposed building plans.

It also asked the chairman of a task force and deputy controller of the civil defence to appear in court on Nov 25.

A two-judge bench headed by Justice Mohammad Ali Mazhar further directed an assistant commissioner to come up with a viable solution on the next hearing to establish more helpline numbers for assistance of public in order to ensure timely reporting of fire incidents.

When the bench took up a petition seeking implementation of the Building Code of Pakistan and Fire Safety Provisions 2016 across the province, AC Aijaz Rind filed a progress report on behalf of the Karachi commissioner.

The report stated that after the last order of the bench, a meeting of the task force constituted for formation of law/rules dealing with incidents of fire was held and some action plans were decided about safeguarding the public interest. A further report will be submitted on the next date to show the implementation, it added.

SHC allows residents’ plea against construction of a multistorey building in Askari-IV

The lawyer for SBCA, Dhani Bux, undertook to file comments on the next hearing.

When the bench asked when were the last building regulations framed, he replied that the Karachi Building and Town Planning Regulations were framed in 2002.

The bench further asked him whether there was any provision for safety in the said regulations for commercial and industrial sites to mandatorily build exit/emergency doors in the buildings. The counsel sought time to assist the bench on the next date along with relevant regulations.

The focal person/deputy controller of civil defence, Shahid Masood, submitted that they used to inspect different buildings periodically for the purpose of safety and installation of fire-fighting equipment and also requested for more time to file comments.

He also proposed that there must be some mechanism or coordination between the civil defence and SBCA before approving proposed building plans of commercial and industrial sites to take the input of civil defence for emergency exit doors.

Advocate Nadeem Shaikh pointed out that a helpline (16) was available to report fire incidents, but sometimes it was found busy causing difficulties for the public to establish contact with fire officials.

The bench directed AC Rind to come up with a viable solution on the next hearing in this regard.

The petitioner had contended that the federal government had introduced by-laws of the Building Code of Pakistan, Fire Safety Provisions 2016 for fire prevention and life safety in relation to fire and fire protection of buildings and structures, but the provincial government had yet to implement these laws in letter and spirit in Sindh and particularly in the provincial metropolis.

Plea against high-rise allowed

Another division bench of the SHC has allowed a petition filed against the construction of a multistorey building in Askari-IV and observed that cantonment authorities had failed to justify their action of amending the master plan.

The bench headed by Justice Mohammad Shafi Siddiqui further observed, “If at all any alteration is inevitable or the open spaces that vests with the Cantonment Board now is required, the powers and jurisdictions vests with the Board with whose consultation the desired object could be materialized and not otherwise.”

A petition was filed by some residents of Askari-IV who contended that an open space around a mosque, which was in fact a parking area and also used as extension of mosque during Eid prayers, was being used by amending the master plan to raise a multistorey building said to be approved by the Cantonment Board Faisal.

The petitioners further argued that that the master plan was approved in 1996 when the Askari-IV project was announced and allotments were made and they alleged that with the passage of time these layout plans/master plans were subjected to forced alteration and addition.

17-year-old girl sent to shelter home

The SHC on Tuesday directed the police to shift a girl who contracted marriage of her free will to a shelter home for apparently being underage.

The petitioners, Aqsa Tariq and Waqar Akram, residents of Khanewal district in Punjab, approached the SHC for protection by submitting that they left their houses and contracted a free-will marriage against the wishes of Aqsa’s family.

However, when a two-judge bench headed by Justice K.K. Agha asked the girl about her age, she frankly conceded that she was 17.

The bench observed that under the Sindh Child Marriages Restraint Act, 2013, the petitioner girl was too young to be married and directed a woman police officer to shift her to a shelter home till the next hearing.

The bench also directed the SSP-Khanewal to ensure the attendance of the girl’s parents on Nov 12.

Published in Dawn, November 4th, 2020