HYDERABAD: The Sindh High Court, Hyderabad circuit bench, on Tuesday directed the Hyderabad deputy commissioner to ensure protection to the Sindh Building Control Authority (SBCA) team during its action against 155 properties within the next 30 days.

The bench comprising Justice Nadeem Akhtar and Justice Arshad Hussain Khan, issued the directive after SBCA regional director Naveed Asim informed it that 172 properties unlawfully converted from residential to commercial status in Latifabad were identified by his institution. He submitted a list of 155 properties which were illegally raised or built in violation of the approved plan.

The bench was seized with a constitutional petition filed by Muzammil Memon, a resident of Latifabad Unit-10, through Advocate Tahir Nisar Rajput.

DC, SSP directed to ensure assistance, protection to SBCA team

Advocate Irfan Ali Bughio represented the Hyderabad Development Authority (HDA), Advocate Ayaz Rajpar appeared on behalf of Hyderabad municipal commissioner and Advocate Zaheeruddin Sahito represented SBCA regional director Naveed Asim.

The SBCA official stated that a compliance report dated Jan 28, 2021 was submitted by him along with the list of 172 properties, whose status had been changed, that existed in Latifabad units No. 1 to 12.

On Tuesday, he filed an interim compliance report along with a list of 155 properties where constructions were made in violation of the approved plan. He said the nature of violation and action to be taken against them had been explained in the compliance report.

He undertook that the SBCA would take action against these 155 properties within the next 30 days from today (Tuesday) and a compliance report would be submitted on the next date of hearing.

On his request, the court directed the Hyderabad DC and SSP to ensure protection and police assistance to the SBCA team at the time of action.

The court directed all utility agencies to ensure disconnection of their respective supplies before the action was taken.

The SBCA official also submitted a reply to the listed contempt application.

HDA’s counsel Irfan Ali Bughio and HMC’s Municipal Commissioner Mohammad Ali Shaikh undertook that all 172 properties mentioned in the list of the SBCA would be scrutinised by the HDA and HMC to ascertain whether the change in their status from residential to commercial was in accordance with law.

The bench ordered the HDA and HMC to submit their reports on the next date of hearing. The matter was adjourned to April 6 at 11am.

Petitioner Muzammil Memon had submitted that over the last 15 years, the “builder mafia” took full advantage of civic problems and changed category of plots against the policy of town planning and the master plan.

He alleged that all this was done under a conspiracy by the defunct taluka council of Latifabad, SBCA and HDA.

He recalled that resolution No. 189 dated Oct 30, 2004 was passed by the defunct council to grant powers to the taluka nazim to allow commercialisation of residential plots along main roads. Such decision could not be taken through a resolution by 15 councillors, he argued. After such powers were invested, he pointed out, roadside bungalows were converted into plazas and high-rise commercial buildings in violation of the master plan.

He claimed that the SBCA that never followed laws and rules was still approving plans for construction on illegally converted plots and the P&DC was issuing NOCs for such conversions.

He asked the court to declare the defunct council’s October 2004 resolution null and void and restrain HMC from such conversion.

He further asked that the respondents be directed to demolish the illegally raised buildings/plazas in Latifabad in light of the Sindh Local Government Act, 2015.

Published in Dawn, March 3rd, 2021