KARACHI, Dec 2: A division bench of the Sindh High Court dismissed with costs on Friday a petition moved by a non-governmental organization against a regularized building.

The petitioner, Shelter Hopes Welfare Society, said the structure raised on plot 20, SR-3, Serai Quarters, Karachi, grossly violated the building rules and requested the court to order its demolition. The respondent owner and the Karachi Building Control Authority contested the petition and the latter said in its counter-affidavit that the builder was allowed to construct four storeys in addition to the basement and ground floor.

A violation was committed by the builder, KBCA counsel Shahid Jamil Khan submitted, inasmuch as he also partially built a mezzanine floor between the ground and first floors. On an application moved by the builder, the KBCA, however, regularized the structure in February 2005. The petitioner society vehemently contested the averments made in the respondents’ counter-affidavits and insisted on physical inspection of the building.

The court asked the nazir to visit the site. The inspection report said there were only minor but regularized violations. It also referred to the petitioner society’s lack of interest and failure to pay the inspection fee.

Justices Mushir Alam and Amir Hani Muslim dismissed the petition and asked it to pay Rs10,000 to the SHCBA library by way of costs. The case would be put up before the bench again if the petitioner defaulted on payment of costs.

ORDER RESERVED: Another division bench consisting of Justices M. Mujibullah Siddiqui and Sajjad Ali Shah reserved its order on a petition moved by prominent residents of Bath Island against the construction of a six-storey building in their neighbourhood.