KARACHI: The Sindh High Court on Tuesday lashed out at top officials of the Sindh Building Control Authority (SBCA) over their inaction against illegal constructions in the metropolis, observing that there was a complete breakdown in the administration of the authority.

A two-judge bench comprising Justice Yousuf Ali Sayeed and Justice Mohammad Abdur Rahman directed the SBCA director general to appear on July 17 and explain as to why he should not be primarily held responsible for actions and omissions of all officers of the authority.

The bench also ordered the SBCA to demolish illegal constructions in different parts of the city before the next hearing and file comprehensive reports.

When the bench took up for hearing a set of petitions about illegal and unauthorised constructions, the SBCA officials filed interim compliance reports in the light of earlier court orders.

No explanation of how buildings are being raised without approved plans, court observes

The petitions were filed against illegal and unauthorised constructions in Nazimabad, Liaquatabad, Federal B Area, Azizabad and other parts of the city.

The bench observed that such reports were totally unsatisfactory as there was no explanation as to how the structures had been raised in absence of approved plans and there was also no justification as to the time frame required for demolition of such illegal constructions.

It further questioned as to why utility connections in respect of the buildings in questions had not been disconnected.

It said a police station was dedicated to the SBCA then why it needed further support.

The lawyer for the SBCA, Dhani Bux Lashari, claimed that on account of constant transfers and postings within the authority, the supervision of an area became very difficult.

When the bench asked him about details of officers of SBCA who were posted in the areas concerned at the time when such illegal constructions were ongoing, he submitted that a committee had been constituted to inquire into this fact and the findings will be placed in court later.

The bench said it seemed that the SBCA were trying to delay the orders being passed to attribute liability of the officers cornered.

It added that there was neither any notification nor names of officers, who were part of such a committee.

The bench in its order observed: “Each of the issues that have been highlighted in these orders confirm that there is a complete breakdown in the administration of the Sindh Building Control Authority which are nearly entirely internal issues and which are required to be addressed.”

It directed the SBCA to demolish the constructions in question before the next hearing and in case of failure the director general and director-central would be personally held responsible for non-compliance of the order.

The bench also ordered that the committee, said to be constituted to inquire about the officers responsible in issuing permission for the construction to continue in the absence of an approved layout plan, must submit its report, indicating the names of each officers responsible for allowing such illegal constructions.

It warned that if such report was not made available by the court on the next hearing each and every member of the committee would have to appear in person in court.

The bench also summoned the SBCA director general to explain “why the internal procedures of the SBCA thwart the proper regulation of construction in Sindh”.

“As to why officers of the Sindh Building Control Authority, who are at the very least negligent in the performance of their duties and at worst complicit with the person who under took the illegal construction are continuing to work in the Sindh Building Control Authority”, it added.

The bench also directed the director general to explain as to why the court should not hold him responsible for the actions and omissions of all the officers of SBCA.

Published in Dawn, June 28th, 2023