ISLAMABAD, Dec 15: The Supreme Court on Monday suspended the Sindh High Court’s decision in which it had declared the Sindh Regulation and Control (Use of Plots and Construction of Buildings) Ordinance, 2002, as valid piece of legislation.
The apex court, on the appeal Association of Builders and Developers versus Sindh and 14 others, issued the notice to the attorney-general for appearance on the next date of hearing, Feb 9.
The SHC on Oct 14, 2003, had upheld the validity of the Sindh Regulation and Control (Use of Plots and Construction of Buildings) Ordinance, 2002.
The Sindh government had directed the Karachi Building Control Authority to constitute an oversee committee under the provision of section 4-B of the Sindh Building Control Ordinance or state reasons for not doing so within a month.
The SHC had held that the ordinance was a valid piece of legislation subject to the clarification that apart from the categories spelt out in the proviso to its section 5, the word “construction” used in the main section applies only to buildings completed in all respects on the date of its commencement.
Any regularization accorded in violation of the law, including the provisions of the impugned ordinance, can always be questioned in an appeal under the Sindh Building Control Ordinance or before this court by way of judicial review, it was held.