KARACHI: A provincial law officer on Thursday sought 10 days from the Sindh High Court (SHC) to notify an oversight committee/authority to supervise the functioning of the Sindh Building Control Authority (SBCA).

An assistant advocate general of Sindh informed the SHC that they had placed the proposal regarding the notification of the authority/committee for consideration in the next cabinet meeting, and the summary was with the Chief Minister of Sindh.

On Aug 22, the SHC observed that the Director General of the SBCA was apparently appointed in violation of legal principles and restrained him from exercising his authority.

It also stated that in February, the SHC had held that the DG SBCA could not act as an authority in the absence of an oversight committee and ordered the provincial government to notify the committee to supervise the functioning of the SBCA, including its director general.

The bench says SBCA DG will continue to disburse pensions and salaries of staff

When a two-judge bench comprising Justice Salahuddin Panhwar and Justice Amjad Ali Sahito took up the matter for hearing on Thursday, the SBCA filed a statement.

The SBCA asserted that the formal notification of the authority/committee was pending with the provincial government, while the operations of the SBCA, including internal administration, disbursement of salaries, and other essential activities, had been substantially hindered due to the restraining order issued at the previous hearing.

It also submitted that the current DG was acting as the authority under Section 4 of the Sindh Building Control Ordinance, 1979, and requested permission to continue exercising the functions and powers of the authority until the formal notification is issued.

The AAG said that the summary regarding the notification of the committee/authority was with the Chief Minister and was to be placed before the provincial cabinet for approval, requesting 10 days’ time.

The bench then stated that its earlier interim order, passed on Aug 22, would continue until the next hearing, with the modification that the DG SBCA would be competent to ensure that pensions and salaries of the staff are received by the deserving persons in accordance with the law. The hearing was adjourned until Sept 12.

In its earlier order, the bench had conclusively declared that an individual cannot function as a corporate body or authority, and consequently, the appointment of an officer as DG SBCA was in contravention of the intent and spirit of Section 4 of the Sindh Building Control Ordinance, 1979.

It also deplored that the local government department had failed to comply with a mandatory provision of law regarding the formation of an oversight committee, placing the entire burden on the courts to examine the illegalities allowed by SBCA officials concerning the construction of buildings.

Published in Dawn, August 30th, 2024