KARACHI, Nov 8: The Sindh High Court ordered the Karachi Building Control Authority on Friday to demolish the third floor of a bungalow regularized by it.
The petitioner, owner of the bungalow on plot 139-A, Block 2, PECHS, approached the court against sealing of the newly-raised structure by the KBCA.
Meanwhile, he submitted a new building plan and sought regularization of the structure by the KBCA. The authority approved the new plan and regularized the construction under the Sindh Regulation and Control (Use of Plots and Construction of Buildings) Ordinance, 2002, on Sept 20. The owner paid over Rs 1.9 million as fine for regularization under the ordinance.
Dismissing the petition and ordering demolition of the third floor, an SHC division bench, comprising Justices Sabihuddin Ahmed and Amir Hani Muslim, however, held that the regularization of the structure was in violation of a recent court order.
Upholding the validity of the Sindh Regulation and Control Ordinance on Oct 14, the order pointed out, another division bench, comprising Justices Sabihuddin Ahmed and S. Ali Aslam Jafri, had declared that the Sindh Regulation and Control Ordinance was promulgated for one year on March 19, 2002.
It applied only to buildings “completed in all respects” on the date of commencement of the ordinance. Any building constructed subsequently or incomplete on that date in “any respect” could not be regularized under the ordinance, which lapsed on Marc h 19 by operation of its own provisions, the order said.
FREEZING OF PLOTS: Justice Zia Pervez of Sindh High Court appointed Afzal Munif, chartered accountants, as commissioner to work out the amount payable in law suits filed by the Mandviwala Mauser and the Industrial Development Bank Pakistan against each other, adds PPI.
The court directed both the parties to provide the relevant record to the commissioner for analyzing the amount of interest payable and markup.
While Mandviwala filed a suit against the markup upon markup and decree for account with direction to calculate the original loan, the IDBP filed a suit against the company for the recovery of Rs242,938,432.31.
The matter was adjourned several times on the ground that parties are negotiating.
The court after hearing arguments by both sides appointed the commissioner to workout the amount due and payable in pursuance of preliminary decree and directed that report be submitted in three months.
LAW SUIT: The Sindh High Court disposed of a law suit filed against freezing of plots and asked the plaintiff to take steps for enforcement of right on payment of dues and allotment price as determined by the authority constituted under the law.
Justice Zia Pervez of SHC was hearing a law-suit filed by Zia Abbas against the defunct KDA seeking injunction on freezing of plots No. 148 and 149, measuring 97.56 square yards each situated in Sector 15 of Korangi Industrial area Karachi.
As per plaintiff’s suit it applied to the chief minister for allotment of land to set up an industrial unit. After examining the case of the plaintiff, four plots 146 to 149 were allotted to him out of which it disposed two and raised construction and commenced industrial production on premises of plot 148/149.