KARACHI: The Sindh High Court (SHC) on Thursday expressed serious resentment over the Sindh Building Control Authority (SBCA) for its failure to stop illegal and unauthorised constructions in the city.

A two-judge bench comprising Justice Nadeem Akhtar and Justice Mohammad Abdur Rahman observed that buildings were being raised either without approval or in deviation of approval, which could only happen with the collusion or negligence of SBCA officials.

It also deplored that the authority had failed to ensure that such constructions were not raised without any approval.

The bench also noted that the utility services firms such as K-Electric were providing power connections to such illegal buildings in violation of relevant law.

The persons purchasing units in such constructions were being misled as to the legality of these buildings when they saw the utility connections provided by such firms.

It further stated that there was no provision in the Sindh Building Control Ordinance (SBCO), 1979 which could permit ‘post facto’ approval of any construction in such a manner which could clearly exceed the provisions of statute.

The bench passed these directives while dismissing some petitions against illegal constructions and applications of purchasers of residential units seeking to become interveners in these proceedings.

The bench ordered the demolition of the constructions involved in the petitions and directed the deputy commissioner and Senior Superintendent of Police concerned to provide requisite assistance to the SBCA in order to avoid any law and order situation.

It also asked the utility provider firms to disconnect the connections of such buildings.

“While parting we are pains to state the manner in which the affairs of Sindh Building Control Authority are being run and which is directly responsible for the loss suffered by the persons such as interveners. Despite being the regulators of constructions in the province of Sindh, buildings are being constructed either without approval or in deviation of approval and which could only happen with the collusion of officials of the SBCA or on account of negligence of the officers of SBCA all of whom have been failed to ensure that such constructions are not raised without an approval granted by it”, it added.

The bench said that if a post facto approval was allowed to be granted, it would authorise the SBCA to act outside the preview of Section 6 of SBCO and the court would be sanctifying such illegality.

Published in Dawn, February 2nd, 2024