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KARACHI, Feb 1: Regularisation of unauthorised structures should be an exception as it encourages violation of building rules, a Sindh High Court division bench observed on Thursday.
The bench, comprising Justice Mushir Alam and Justice Mohammad Afzal Soomro, was hearing a petition against unlawful amalgamation of two plots (MR-3/13 and MR-3/14) near Café Momin Street, Saddar Town.
The bench remarked that the construction of the unauthorised building in gross violation of the building rules showed inefficiency of the deputy controller concerned of the Karachi Building Control Authority. “Negligence has become the order of the day and the deputy controller of buildings concerned only waits for regularisation after commission of illegalities”, the bench said.
It ordered that a copy of its order be sent to the chief controller of buildings for appropriate action. The CCOB was also directed to place on record the qualification for the post of deputy controller and other important jobs in the KBCA. DCB Shahzad Mansoor and KBCA counsel Dilawar Hussain were asked to bring on record, within two weeks, the action taken against the builder while the unauthorised structure was being raised.
Advocate Abdul Jabbar Korai appeared for the petitioner.
PLEA ADMITTED: A division bench comprising Chief Justice Sabihuddin Ahmed and Justice Faisal Arab admitted to regular hearing a petition moved by a former member of the PIA Cooperative Housing Society managing committee. Petitioner Arifur Rehman submitted through Advocate Shaukat Ali Shaikh that he was a member of the superseded committee. He was eligible to contest for the post again in the election being conducted by the administrator appointed by the federal government but with the permission of the Sindh Cooperative Housing Authority. He applied for permission and was allowed to contest the polls scheduled for February 18.
However, the permission was subsequently withdrawn without assigning any reason or giving him an opportunity of hearing. The bench directed that notices be issued to the housing authority and other respondents for February 15.
NOTICES ISSUED: The same bench issued notices to the National Refinery Limited and the Perac Research and Development Foundation in an application moved by chartered accountant M. Aftab Ahmad.
Pleading his case in person, the applicant said he had filed a petition for release of his salary and allowances since November 2005. He said he had put in more than 27 years of service in the public sector refinery when he was transferred to the foundation. He was retransferred to the NRL after its privatisation. The court earlier asked the NRL to deposit Rs200,000 with its nazir.
The petitioner on Thursday requested the court to direct both the refinery and the foundation to deposit the entire amount of his outstanding dues. He also prayed that he should either be ordered to be retired prematurely with full benefits or adjusted as a regular employee.
The bench issued notices to the two respondents for February 13.
