HYDERABAD, Aug 17: The Sindh High Court, Hyderabad Circuit Bench, on Friday issued notices to the Hyderabad Development Authority director-general, HDA Building Control director, DCO, and Nazar Ali Khawaja, proprietor of Star Builders, on a constitutional petition filed by Jehangir Lakhani Chairman of Gulistan-e-Fatima Housing Society.

According to petitioner, respondent proprietor had constructed a plaza Gulistan-e-Fatima in Hyderabad taluka. Builders got approval of plan from the Building Control Authority on March 15,1987 for construction of flats which was for residential units only. The construction began in 2002 and completed in 2006. The HAD did not check the construction work from the beginning till end, he said.

He said no parking space was left by respondent builder as 35-shops on ground floor were constructed instead of apartments, clear violation of approved building plan. He said residential area was converted into commercial without the consent of inhabitants of flats. He said illegally constructed shops were generally opened at odd hours with unsocial and illegal activities taking place by undesirable persons.

The petitioner said there was a fear of breach of peace and tranquillity among the inhabitants. He said the respondent builder also sold shops showing as garages to different persons illegally.

He said he brought the grievances through notices dated Dec 6,2006 and again on March 26,2007 and notices were served to respondents the DG and Director Building Control but no action was taken.

He prayed the court to call for relevant record from the office of respondents and direct them to reserve space for parking and remove illegal construction of shops/garages and to convert the same into flats as per approved plan.

He said respondent builder was responsible for illegal construction and should be punished according to law.

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