KARACHI, Sept 14: The Sindh High Court has asked the provincial ombudsman to look into 'extensive mal-administration' prevailing in the Karachi Building Control Authority.

Dismissing appeals from Justice Mushir Alam's order in the Trade Tower case as reported by this paper recently, a division bench, comprising Justices Sabihuddin Ahmed and Khilji Arif Hussain, observed that it shared the single judge's views regarding the performance of KBCA officers and expressed its anguish that 'no serious action appeared to be forthcoming'.

It directed the SHC office to send copies of its order and that of the single judge to the ombudsman and the KBCA's chief controller of buildings. Repelling the appellants' contention that they should not be arraigned for the Landmark Builders' wrongs as they were merely innocent purchasers of shops and showrooms in the violative Trade Tower on Haji Abdullah Haroon Road, the division bench observed that the plea was not sustainable.

As held by the Supreme Court in the case of Mohammad Saleem and others versus the KMC, the appellants could not acquire better rights than their predecessors. In any event, when they chose to purchase properties without ensuring compliance with legal requirements enacted more than 20 years ago, they could only blame themselves, it declared.

The bench noted that the main thrust of the appellants' case appeared to be that the original plan was subsequently revised and three additional floors, together with car parking space on the rooftop instead of in the basement, was approved by the KBCA.

The authority's counsel, Shahid Jamil Khan, however, asserted that while 'architectural approval' for three additional floors was granted, no 'final approval' was accorded by the KBCA.

Referring to a 1994 judgment of the Supreme Court, the bench observed that the KBCA power to allow revision of a plan was a limited power and could not be exercised for regularizing extra floors.

Even when the legislature enlarged the KBCA powers under an ordinance in 2002, the regularization provision contained a proviso to the effect that no building shall be regularized if it used car parking space for other purposes till such space was restored to its original position.