KARACHI, March 18: The Sindh High Court gave the provincial government a final opportunity on Thursday to settle the controversy between the City District Government and the Karachi Building Control Authority and decided to adjudicate the matter on merits on March 25.

"The hearing is adjourned to 25-3-2004 at 8.30am strictly by way of a last chance and the matter may proceed ex parte if a party is not represented," a division bench comprising Justices Sabihuddin Ahmed and Zia Perwez observed in an order which, it directed, should be made available to all counsels.

Additional Advocate-General Abbas Ali appeared for the Sindh government and Advocates Manzoor Ahmad, Shahid Jamil Khan and Abdul Karim Khan for the CDG, the KBCA and the petitioner, Karachi Watch and Care Society.

The proceedings have been prompted by a writ petition moved by Society against the KBCA for the alleged gross violation of building rules by a developer in Lyari Town.

The SHC ordered the KBCA to demolish the two buildings in question. The KBCA expressed its inability to comply with the court order owing to the absence of adequate manpower and other resources. It also complained of police inaction and a legal obstacle thrown in by the CDG.

The row intensified when the CDG declared the KBCA as one of its departments like the defunct KDA under the Sindh Local Government Ordinance, 2001, and the court had to intervene to ensure payment of salaries to the authority's staff.

The KBCA asserted its own independent statutory status under the Sindh Building Control Ordinance, 1979, and submitted that it could not abdicate its legal duty, which had been endorsed by the high court in a number of its judgments.

The bench asked the provincial government, whose local government department had notified the devolution of the KBCA on the CDG under the SLGO in 2002, to resolve the matter.

Advocate-General Anwar Mansoor Khan sought time to enable a high-level meeting chaired by the chief secretary to take a decision. March 18 was fixed for an authoritative government statement.

Representing the provincial government, AAG Abbas Ali sought more time as the matter could not be settled and another high-level meeting was scheduled later on Thursday. Besides, the AG, who was to appear in the case personally, was out of town. CDG counsel Manzoor Ahmad supported the AAG's adjournment plea.

KBCA counsel Shahid Jamil Khan strongly opposed the request. He said the authority was finding it difficult to perform its functions due to uncertainty. Several adjournments had been granted without any resolution in sight.

The matter should be decided either way in accordance with the law to ensure due enforcement of the building law and rules. The bench observed in its order on Thursday that despite the court order of October 8, 2003, the controversy between the two public bodies (CDG and KBCA) "as to which one had the final authority to exercise powers under the SBCO appears to continue."

Whereas the KBCA asserts its independent status as a statutory body subject to the control of and supervision of the provincial government in terms of the SBCO, the CDG claims that the powers of supervision and control over the KBCA now vest in it under Section 51 of the SLGO, it noted.

"The existing affairs of state," the order said, "is undoubtedly causing a great deal of public harm inasmuch as neither the public nor the statutory bodies themselves appear to be clearly aware of their statutory duties.

We have adjourned the matter on several dates at the request of the provincial and city governments when they submitted that the matter was being amicably resolved. However, no result appears to be forthcoming.

It needs to be appreciated that such controversies cannot be allowed to linger on indefinitely. The learned AAG requests another adjournment by way of last chance as he is hopeful that a final decision will be taken within a day or two. The hearing is accordingly adjourned....."