KARACHI: The Sindh High Court on Monday directed the Sindh Building Control Authority (SBCA) to take action against unauthorised and illegal construction in a Lyari locality and sought a compliance report in 45 days.
A two-judge bench headed by Justice Syed Hasan Azhar Rizvi also issued notices to the local government secretary, SBCA, builders and others as well as the advocate general for the next hearing.
It warned that the director general of the SBCA would be summoned in person if the compliance report was not filed within the stipulated period.
A petition was filed in the SHC against construction of a multi-storey building in Agra Taj Colony without any approved building plan.
The petitioner submitted that the builders had also started selling units/portions of the under-construction building.
The bench restrained the K-Electric and Sui Southern Gas Company from providing power and gas connections in the subject property till the next hearing and also barred the sub-registrar of the Lyari Town not to register any unit/portion of the building unless the issuance of the completion certificate by the SBCA.
The petitioner’s counsel argued that three builders were raising illegal and unauthorised construction on a plot, measuring 96 square yards, in Agra Taj Colony and the petitioner was also residing in the same vicinity.
The lawyer further submitted that the ground-plus-four-storey had been constructed and the builders were intending to raise it to seven floors and maintained that only ground-plus-two-storey construction was permissible in the area in question.
The bench in its order said, “Respondents No.2 and 3 [DG and director SBCA Lyari Town] are directed to demolish illegal construction, if any, has been raised on the subject plot by the respondents No.9 to 11 without having approved plan and in violation of Karachi Buildings and Town Planning Regulations, 2002. They are further directed to submit report to this court within forty-five (45) days. In case of non-filing of report respondent No.2 shall appear in person on the next date of hearing along with report.”
Citing the LG secretary, SBCA, Karachi Metropolitan Corporation, KE, SSGC, sub-registrar, Kalri SHO and builders Suleman, Talha and Naseem Haider as respondents, the petitioner submitted that the builders in collusion with SBCA officials had been raising illegal constructions and the neighbours, who got serious apprehension of their lives due to illegal and unreliable construction, approached the SBCA and other officials concerned, but to no avail.
He sought directives for the SBCA to take strict action against the builders.
Published in Dawn, January 11th, 2022
