KARACHI: The Sindh High Court on Tuesday ordered registration of a case against builders and some officials of the Sindh Building Control Authority (SBCA) over illegal and unauthorised construction in a Lyari locality.

A two-judge bench headed by Justice Syed Hasan Azhar Rizvi came down hard on SBCA officials for not taking any concrete step against unauthorised construction despite its earlier orders.

“It is apparent from the record that without collusion of the officials of SBCA, no illegal construction of the subject building can be raised/completed,” the bench remarked.

The bench directed the director general of the SBCA to get an FIR registered against the builders and delinquent officials of SBCA for allowing such a construction in the absence of the approved building plan.

It also asked the DG to file a compliance report in 30 days and warned of summoning him if compliance was not made till March 14.

While hearing a petition filed in 2018 against construction of a multi-storey building in Agra Taj Colony, the bench noted that the first order was passed in March 2018 and a detailed order was also issued last month directing the SBCA to ensure that the construction on the subject plot must be raised in accordance with the approved building plan and Karachi Buildings and Town Planning Regulations, 2002.

The bench further said that in 2018, the nazir was directed to carry out inspection of the property in question and he submitted the report in May 2018.

A report filed by deputy director-Lyari Jaffer Imam Siddiqui in May 2018 specifically said that no approval of the subject building had been issued by the SBCA, it added.

Thereafter, the bench noted that a ground-plus-six-storey building with partial seventh floor had so far been completed, but no concrete steps taken by the officials of the SBCA despite court orders.

Earlier, the bench had also restrained the K-Electric and Sui Southern Gas Company from providing power and gas connections to the subject property and also barred the sub-registrar of Lyari Town not to register any unit/portion of the building without the completion certificate of the SBCA

The petitioner submitted that the multi-storey building was being constructed without any approved building plan and the builders also started selling units/portions of the under-construction building.

Citing the local government secretary, SBCA, Karachi Metropolitan Corporation, KE, SSGC, sub-registrar, Kalri SHO and three builders as respondents, the petitioner submitted that the builders in collusion with the officials concerned of the SBCA had been raising illegal construction and the neighbours had serious apprehension of their lives due to illegal and unreliable construction.

They also approached the SBCA and other officials concerned, but to no avail.

He sought directive for the SBCA to take strict action against the builders and demolish illegal constructions on the subject plot and restrain them from further unauthorised and illegal constructions.

Published in Dawn, February 9th, 2022

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