KARACHI, Nov 19: The Karachi Building Control Authority sought on Wednesday a direction to the city government to provide it the necessary assistance for the ejectment of illegal occupants of an unlawfully-built residential-cum-commercial complex ordered to be demolished by the Sindh High Court.
The building has been raised on a residential plot in Gazdarabad, Ranchhore Lines, and an SHC division bench comprising Justices Sabihuddin Ahmed and Amir Hani Muslim ordered the demolition of structures built in violation of the approved plan on Oct 16 following a petition moved by a resident of the area through Advocate Mohammad Ali Abbasi. The KBCA had sanctioned a ground-plus-three-floor design but the builder constructed three additional floors. He also built shops on the ground floor and covered the mandatory open areas. A basement was also constructed in violation of the approved plan.
In its report expressing its inability to comply with the court order, the KBCA stated on Wednesday that the building was occupied and could not be demolished without eviction of the occupants. It approached the Nabi Bux police station for registration of an FIR against the offending owner of the plot but the SHO declined to record a complaint. It wrote to the Saddar Town Nazim and the city government for assistance but failed to elicit a response. It also advised the KESC and the KWSB for severance of the power and water connections of the building but neither of them came out with a positive response.
As for action against the deputy controller concerned (G.M. Durrani) as ordered by the court, the KBCA submitted that he had already been compulsorily retired.
Advocate Shahid Jamil Khan, the KBCA counsel, denied the city government claim that the KMC and (defunct) KDA police stations had been transferred to the authority. There was no notification in the field to substantiate the claim. He submitted a statement on behalf of KBCA chief executive Brig A.S. Nasir that the authority was receiving no cooperation at all from other civic agencies and utilities in the enforcement of building rules.
Justices Ahmed and Muslim Hani, who constituted the bench, directed that fresh notices be issued in the petition to the advocate-general and the city government EDO (Law) for December 4, when the KBCA’s own petition for the establishment of a special court and a police station would also come up for hearing.
PLOTS CANCELLATION: In a writ petition moved by the allottees of 95 residential plots in New Karachi, the bench directed the authorities to duly consider the plea of the petitioners and take a decision in accordance with the law.
The petitioners had complained that they were allotted 95 plots by the then chief minister in 1999. However, the CM had second thoughts and cancelled the allotments soon thereafter without hearing them or putting them on notice. They requested the court to set aside the cancellation and order the restoration of the plots.