October 2, 2002, letter from Capt (Rtd) Shahid Waseem, Controller (Admn), Karachi Building Control Authority (KBCA), to Ardeshir Cowasjee. "I have been directed by Chief Controller to forward the letter of Shehri, in original to you and the instructions that in future, no correspondence from Shehri would be entertained in KBCA." When I asked the captain why he had addressed me, not even a member of SHEHRI, his answer was 'mine not to reason why, mine but to do and die.'
October 4, 2002, Ardeshir Cowasjee to retired Brigadier A.S. Nasir, Chief Controller of Buildings, KBCA: "Captain Shahid Waseem, a retired officer of the Pakistan Army, and your subordinate, has addressed to me his letter..... It seems he has merely followed instructions - his not to reason why. Sent with his letter is the original letter addressed to you by SHEHRI dated 30/9/02 concerning Plot No.77-G Block 2 Ghazali Road, PECHS. This I am returning herewith.
"SHEHRI has pointed out the violations of the Sindh Building Control Ordinance (civil and criminal) committed by the owners/builders. The law makes it obligatory on the part of KBCA, and you as its chief, to take action.
"As a retired army officer you are now holding a public office, that of CCOB of the KBCA. As such, you are bound to follow the rules and procedures which apply to such office. You cannot refuse to entertain any petition or complaint of whatsoever nature which any citizen or organization may address to you.
"SHEHRI has rendered invaluable service to the citizens of Karachi. Amber Alibhai has voluntarily served the organization since the early 1990s, for over ten years. She is frustrated, as well she should be - as are we all. I suggest you call her to your office and sort out with her your differences.
"As you may have realized by now, brigadier, it is simpler to command a brigade than to administer the office of the CCOB of this tortured city.
"The above has been written in all good faith."
November 18, 2002, letter from Ardeshir Cowasjee to Governor of Sindh Mohammadmian Soomro, subject "A very damaging Ordinance - No.VIII of 2002 (Sindh Regulation and Control [Use of Plots and Construction of Buildings] Ordinance: "Presumably you were not aware, or not made aware, of the damage that will be done by this Ordinance promulgated by you on March 19, 2002. "Example : A man invests his savings and builds a house to live in a designated residential area. In the house to his right, a butcher opens a shop to butcher and sell meat. In the house to his left, a vegetable and fruit seller opens up an establishment. Both do so knowing fully well that they are breaking the law and in so doing are contravening their leases or covenants. You could well be the law-abiding citizen of Karachi in the middle.
"Your regularization ordinance allows the butcher and the vegetable-fruit wallah, and/or the owners of the premises they occupy, to pay and legalize their violation of the law. The unfortunate man in the middle (it could be you), who wishes to live peacefully in the house he built, has no recourse to the law under your ordinance. It is tailored to be used and abused.
"The KBCA first stipulated that only applications for regularization received by June 30, 2002, would be considered. Then, they arbitrarily extended the date to December 3, 2002. Why? Now I learn that it is contemplated that this latter date will also be extended.
"Will you please order that this not be done and thus restrict the damage to this city."
November 30, 2002, letter to Ardeshir Cowasjee from a Section Officer in the governor's secretariat, forwarding a copy of letter dated November 25, 2002, from Brigadier A.S. Nasir addressed to Brigadier Akhter Zamin, principal secretary to governor, Sindh:
"The letter of Mr Ardeshir Cowasjee alleged KBCA for extension of cut-off date for receiving regularization subsequent to 3rd December, 2002. Besides, he, in his communication headed for the Honourable Governor enlightened the damages/reparations that will be done by this ordinance. It is unusual that he [is] mindful to file an antagonism/complaint on the area under discussion following 9-months commencing enactment of the said ordinance 2002 while one month is to conclude. This letter of Mr Cowasjee amounts to not only distortion of facts but is of a serious interference in the affairs of jurisdiction of KBCA. It is not understood in what capacity he is challenging the Ordinance in point.
"2. The specifics of the matter are that 'Sindh Regulation and Control Ordinance (Use of Plots and Construction of Buildings) Ordinance 2002' was promulgated following a series of debates, discussions, deliberations and thoughts in view of technical and otherwise characteristics in mind for one year period and one time 'General Amnesty' for regularization of those buildings which have earlier been constructed and come up to the status [of] fait accompli. Such buildings were constructed in the tenure of 'KBCA Oversee Committee'. Devoid of going into superfluous particulars, KBCA reiterates that all actions, procedures and commissions in this regard are duly covered within the parameters and procedures laid down in the said ordinance and in exercise of rightful implementation of the provisions of the Ordinance 2002.
"3. In fact, the citizens of Karachi are a silent and suffering witness to a whole lot of instances in which Mr Cowasjee, one of the active member of NGO, SHEHRI, who is working on his one point agenda 'to destroy & ruin the Metropolitan City of Karachi' when questioned. I have personally forbidden Mr Cowasjee to stop dictating what KBCA should do.
"4. KBCA is a technical institution comprising of professionals from amongst the engineers, architects and town planners. The job entrusted [to] the Authority is also highly engineering-oriented which the Authority through their motivated employees is now executing with enthusiasm and knowledge and in true spirit of the Ordinance 2002.
"6. Mr Ardeshir Cowasjee and others have filed the Constitutional Petitions No.D-856/2002 in respect of Sindh Regulation & Control (Use of Plot and Construction of Building) Ordinance 2002, which is pending in the Honourable High Court of Sindh at Karachi. In these circumstances, it will be appropriate that we should wait for the decision of the Honourable High Court of Sindh, in respect of the constitutional petitition. This under reference letter is an out of the court effort to demoralise KBCA, from achieving its goal."
December 5, 2002, letter from Ardeshir Cowasjee to governor of Sindh Mohammadmian Soomro:
"Whilst you were away praying, your office sent me a copy of a letter in reply to my letter to you of 18/11/02 on the subject: "A very damaging ordinance - No.VIII of 2002 (Sindh Regulation and Control (Use of Plots and Construction of Buildings) Ordinance."
"If there has ever been an affront to the rule of law and a total disregard of the rule of our courts, the two have never been embodied so perfectly as they have been in the above-mentioned ordinance. Section 5 is a shining example:
"Notwithstanding anything contained in any law for the time being in force or judgement, order or decree of any court, any building constructed before the commencement of this ordinance in violation of the provisions of the ordinance or regulations made thereunder, may be regularized by the authority appointed under the ordinance on the conditions and on payment of the fees as may be prescribed."
"Hundreds of judgements of the Sindh High Court and the Supreme Court pertaining to building matters will now not be legally implemented. Your ordinance has effectively created a parallel system of justice in Pakistan.
"Concerned citizens and organizations have filed a petition in the High Court challenging your ordinance. The respondents are briskly responding irregularily by ordering the regularization of unlawfully constructed structures. They should have the sense and knowhow to know that they must await the outcome of the case before taking any (if any be permitted) action.
"One can only wonder why it was that you chose retired Brigadier Nasir, chairman of your inspection team, to head the Karachi Building Control Authority as well. He is neither an engineer nor an architect. He is now taking shelter behind the fact that the matter is in court, but forgets to state that his instructions to his lawyers and the other respondents are to consistently seek adjournments. The respondents have again sought an adjournment on the last date of hearing, December 2, 2002, as they did on the previous date of hearing, November 25, 2002.
"The sole concern of the courts is the legality of the matter, not the morality. The matter is sub judice and therefore its legality cannot be commented upon. But the morality of the matter is open to discussion, it is the concern of each and every citizen, and comments must be aired.
"Whilst you remain in office, and whilst you are able to, may the citizens of Karachi prevail upon you to do some good."