KARACHI, Nov 10: The Karachi Building Control Authority is neither fully equipped nor adequately staffed to carry out complicated demolition operations wherein an illegal structure is to be partially and selectively chipped and chopped, the KBCA chief submitted before a division bench of the Sindh High Court on Monday.
Brig A.S. Nasir (retired), chief executive of the KBCA and chief controller of buildings, was recording his statement in a contempt petition moved by the Maqboolabad Co-operative Housing Society, Gulshan-i-Iqbal, against the authority. The society had moved a writ petition in 2000 complaining that a ground-plus- seven-floor structure named Samia Terrace was being raised on its plot number 43. The approved plan sanctioned only a single storey in addition to the ground floor. The society was purely residential and consisted of single or double storeyed bungalows.
The KBCA was directed to demolish the unlawfully raised floors. The then KBCA chief, Zafar Malik, informed the court that the authority had demolished as much of the building as was humanly possible. The demolition work was done manually as the KBCA did not have pillar cutters and other equipment to destroy the structure without damaging the legally constructed two floors. However, the rest of the demolition would be undertaken as and when the necessary equipment was available.
The court noted the KBCA contention and disposed of the petition in terms of its undertaking. Meanwhile, an ordinance was promulgated in March 2002 for regularization of illegal structures and commercialized residential plots. The builder and developer got Samia Terrace regularized under the ordinance on payment of the requisite fine and on the recommendation of the oversee committee constituted under the ordinance.
The petitioner society, however, submitted that the KBCA did not fulfil its undertaking, comply with the court’s direction and discharge its obligations under the law for two years. It could not take shelter behind the regularization ordinance to justify its inaction.
Appearing before a division bench comprising Justices S. Ahmed Sarwana and M. Mujibullah Siddiqui, Brig Nasir submitted that, in all, the KBCA had 35 demolition “coolies”, which number was much below the requirement. It still lacked sophisticated equipment, which could be operated by trained workers. The regularization ordinance was an overriding law and the matter could not be agitated now.
The bench asked the KBCA chief to appear again on Dec 15 for a detailed hearing in the presence of the petitioner society’s counsel, Khwaja Shamsul Islam, who could not attend the Monday hearing due to the death of his father, Advocate Khwaja Sharaful Islam. Advocate Shahid Jamil Khan appeared for the KBCA, Advocate Asim Mansoor for Brig Nasir and Advocate Muneer A. Malik for the builder and developer, Daud Khan.
PECHS PLOT: In a writ petition challenging illegal construction on plot number 126-H, Block 2, PECHS, another division bench comprising Justices S. Ahmed Sarwana and Zia Perwez asked the KBCA to take appropriate action within two days under intimation to the court. The petitioner, owner of the adjoining plot, alleged that the mandatory open space was being covered by his neighbour.
The same bench disposed of as withdrawn a petition by the Karachi Watch and Care Society for review of its order on its petition against an illegally-constructed building in Lyari. The bench had held that the society not being an aggrieved party, it had no locus standi to maintain a petition under Article 199 of the Constitution.
It sought a review as public interest petitions moved subsequently to question illegal constructions had been entertained by the court. The bench advised the petitioner to join at least one resident of the area concerned as a co-petitioner and the society withdrew its review plea.