• Bench issues notices on petition against nominations of SBCA officers to conduct survey of construction being raised on BTK premises to protect allottees’ interest

KARACHI: The Sindh High Court has restrained the Sindh Building Control Authority from conducting a survey of properties being constructed on the premises of Bahria Town Karachi (BTK) to protect the interest of the allottees.

The order was passed by a two-judge bench headed by Justice Mohammad Iqbal Kalhoro while hearing the petition of Bahria Town (Pvt) Ltd against the SBCA decision to nominate its various officers to survey the constructions to safeguard third-party interests.

The bench also issued notices to the secretary of local government department, the SBCA and other respondents as well as advocate general of Sindh for Aug 28.

The Bahria Town (Pvt) Ltd petitioned the SHC impugning an office order and subsequent notification/letter issued by the SBCA on June 12 and June 13, nominating its various officers to survey the constructions in question as per the letter issued by National Accountability Bureau to safeguard the interests of third party, ie allottees of Bahria Town Karachi.

Citing secretary of local government department, SBCA director general, SBCA director of Malir district and others as respondents, the petitioner asked the SHC to declare the impugned office order and letter issued on June 12 and 13, unlawful, illegal and void ab-initio.

Representing the petitioner, senior counsel Farooq H. Naek submitted that the committee was constituted purportedly in compliance with an apex court order passed on Nov 23, 2023 as well as a letter issued by NAB on May 19, 2025 to conduct a survey of constructions and propose further recommendations for a decision in the interest of allottees.

However, he argued that neither the petitioner was issued any notice before issuance of impugned order/notification, nor pointed out any violation to justify formation of the committee.

He also maintained that the director general of the SBCA was not the competent authority o issue such order and the Supreme Court had not given any direction as quoted in the impugned order/letter for formation of such committee.

The counsel further asserted that the only directive issued by the apex court was that in case Bahria Town failed to make good of the outstanding amount, NAB should proceed and file a reference against it and in compliance of which the reference has already been filed by the anti-graft watchdog.

He contended that as far as the buildings and constructions on the premises of Bahria Town Karachi were concerned, the same were constructed with approved plan and no violation has been committed and even otherwise, the petitioner was entitled to advanced notice before constituting a committee for such purpose.

After a preliminary hearing, the bench noted that contentions raised by the counsel for the petitioner required consideration and put the respondents and the provincial law officer on notice for Aug 28. “Meanwhile, parties are directed to maintain status quo till the next date of hearing,” it added.

The petitioner also submitted that the committee in question was tasked to conduct survey within one month and to assist relevant departments in preparation of consolidated report about volume of development, quantum of constructions and status of occupation along with estimated revenue in work shape, scrutiny fees/composition fee for proposed regularisation plans. It also pleaded for an interim relief seeking suspension of the impugned order and letter.

Published in Dawn, June 30th, 2025