KARACHI, Dec 18: A special division bench of the Sindh High Court adjourned the hearing of a contempt petition against the Karachi Building Control Authority, its “danger” committee and the builders of an unlawfully-constructed plaza to Dec 22.
A writ petition against the eight-storeyed Sumaiya Terrace was moved by the Maqboolabad Cooperative Housing Society, Bahadurabad. It said a builder had raised a ground-plus-seven floor structure in a residential area, which had a sanction only for double storeyed bungalows, without any approval. The KBCA did nothing to prevent gross violation of building law, rules and regulations. The KBCA, however, said it issued notices but they were ignored by the builder with impunity and it had no authority to enforce its writ.
The high court ordered demolition of the violative building. Reporting compliance, (the late) KBCA chief Zafar Malik informed the court that 90 per cent of the structure had been demolished and undertook to raze the remaining 10 per cent, mainly steel frame, when the requisite tools were available to the authority. The remaining structure was declared dangerous by the KBCA “danger” committee.
Meanwhile, a regularization ordinance was promulgated last year and the builder approached the KBCA for regularization. The structure was regularized and the co-op society moved the court for contempt by the KBCA, its committee and the builder. It said the KBCA violated its own undertaking to the court. The regularization ordinance was not applicable to a structure ordered to be demolished by the court and declared dangerous by the KBCA committee concerned.
KBCA chief Brig A. S. Nasir appeared in person before the special division bench, which consisted of Justices S. Ahmed Sarwana and M. Mujibullah Siddiqui, but was exempted from appearance in further proceedings. Advocate Khwaja Shamsul Islam represented the petitioner society, Additional Advocate-General M. Ahmed Pirzada represented the provincial government, Muneer A. Malik the builder, Shahid Jamil Khan the KBCA, Dr Farogh Nasim the allottees of Sumaiya Terrace and Asim Mansoor Khan the KBCA chief.
OFFICIAL SUMMONED: Another division bench, comprising Justices Mohammad Roshan Essani and Zia Perwez, summoned an assistant director of the passport office in a contempt petition filed by Advocate Akhtar Rehana on behalf of Zeenat Begum. The petitioner submitted that she was engaged to a cousin settled in Australia but was not being issued a passport. She said she had all the necessary documents, including the birth certificate and the identity card issued by the National Database and Registration Authority. On a writ petition moved by her, the high court had directed the passport office to examine her documents and issue her a passport if they were found authentic.
However, the passport officials, who had earlier demanded Rs 15,000 as illegal gratification for issuing her a passport, had declined to comply with the court order. She said her engagement was likely to be cancelled by her inlaws if she failed to visit Australia in time for the ceremony. She had offered the official concerned a “reasonable” amount she could afford to pay but he insisted on payment of Rs 15,000, the petitioner alleged.