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KARACHI, Dec 5: The Sindh High Court gave the Karachi Building Control Authority another opportunity to comply with its orders to demolish three top floors of a seven-storey building in Preedy Quarters, Saddar, and adjourned further hearing of a petition against the violative structure to Jan 19, 2006.
A division bench, comprising Justices Ghulam Rabbani and Zia Pervez, observed that the KBCA’s inaction had turned the city into ‘a jungle of concrete’. In order to build palatial residences for themselves, the KBCA officials have defaced the entire city, the bench observed and warned that the cases of delinquent officials might be referred to the National Accountability Bureau.
The bench recalled that the demolition order was passed by the court in 2003 but no compliance report had been submitted by the KBCA. It also admonished the SHC office for delayed listing of the petition, moved by a non-governmental organization. The court had ordered the demolition of the unauthorized fifth, sixth and seventh floors of the building.
The bench asked the KBCA counsel, Anwar Ali Shah, whether the KBCA summoned the architects who issued a certificate in favour of the building despite its defective design. It reminded the counsel that the court had asked the KBCA to consider cancelling the licence of the architects found responsible for the violation of law and rules.
“It seems no action has been taken despite a lapse of over a year and a half”, it said.
Expressing utter disappointment over the KBCA’s failure to take any action, the bench asked the counsel to convey the court’s order to the acting controller of buildings and submit a compliance report by Jan 19 when the matter would again come up for hearing.
KBCA RESTRAINED: Another division bench, meanwhile, set aside the notices issued to Shaheed Zulfiqar Ali Bhutto Institute of Science and Technology for allegedly making unauthorized additions and alterations in its building on plot No 100, Old Clifton.
The institute submitted through Advocate Iqbal Haider that the building was constructed in 1957 and its boundary wall was damaged by subsequent rainfall
The impugned notices were issued during reconstruction and restoration of the wall. However, since the building preceded the promulgation of the Sindh Building Control Ordinance, it did not fall within its purview or the jurisdiction of the building control body (the KBCA) set up under it. Besides, the KBCA had taken no action against other illegal structures.
The KBCA submitted through Advocate Shahid Jamil Khan that though the building was constructed prior to the promulgation of the ordinance, the additions and alterations were subsequent to it. The authority acted bona fide on complaints received by it from residents of the area. No discrimination was involved and no notice was issued. The KBCA only brought the matter to the petitioner institute’s notice.
On merits, a counter affidavit filed by the deputy controller of buildings concerned said a guard room has been constructed at the main entrance. A staircase has been raised on the compulsory open space. Four shops have been built along the wall and beside the gate. The residential building was being used for commercial purposes.
Setting aside the impugned notices, the bench, which consisted of Justices Mushir Alam and Amir Hani Muslim, asked the KBCA not to indulge in pick and choose and move against the unlawful structures indiscriminately. The authority would, however, be at liberty to initiate action in accordance with the law, it observed.
BAIL PLEA DISMISSED: Justice Yasmin Abbasey, meanwhile, dismissed a bail application moved by former KBCA deputy controller Akhlaq Ahmed and his personal assistant, Moinuddin Ahmed, through Advocate Iqtidar Ali Hashmi.
The applicants submitted that they had been in custody for over a month. The evidence against them alleged to be documentary, which had been taken possession of by the prosecution agency, the anti-corruption establishment. They were not required for questioning and their continued incarceration would amount to punishment without conviction.
State counsel Sabir Haider submitted that the accused had condoned the construction of a large number of buildings in violation of the law. Akhlaq Ahmed wielded authority and continued to deal with cases of violations of building rules even after his retirement. They would be required by the anti- corruption establishment in the course of investigation into massive irregularities.
