KARACHI: The Sindh High Court (SHC) observed that the director general (DG) of the Sindh Building Control Authority (SBCA) was apparently appointed in violation of legal principles, and restrained him from exercising his authority.
Comprising Justice Salahuddin Panhwar and Justice Omar Sial, the two-judge bench also noted that the restraint was being imposed to prevent further legal inconsistencies and potential misuse of authority until the matter was thoroughly reviewed.
It further said the present SBCA DG is hereby restrained from acting in the capacity of an authority for a period of 10 days and the issue will be addressed in detail while deciding a petition filed last year and fixed the same for hearing on Aug 29.
The court stated that in February, the SHC had held that the SBCA DG could not act as an authority in the absence of an oversight committee and ordered the provincial government to notify the committee to supervise the total functioning of the SBCA, including its director general.
It was conclusively declared in the earlier order that an individual cannot function as a corporate body or authority and consequently, the appointment of an officer as SBCA DG is in contravention of the intent and spirit of Section 4 of Sindh Building Control Ordinance, 1979, it added.
The bench noted that the present petition has been filed to challenge a notice in which a building was declared as dangerous and required to be demolished while the court was informed that a civil suit in this regard was pending adjudication at the lower judiciary and question of declaration of building as dangerous by the SBCA in writ jurisdiction cannot be adjudicated as same required evidence.
Therefore, the bench noted that the case at hand cannot be resolved through a writ petition, as the writ jurisdiction of the SHC was not the appropriate legal avenue for addressing this matter.
While parting with this order, it is crucial to emphasise that in a petition (6372/23), through an order dated 14.02.2024, sections 4-A (officers and servants of the authority) and 4-B (supervision over the authority) of the Sindh Building Control Authority Ordinance were extensively deliberated upon, it added.
The bench also observed that despite the passage of such order in February, it was concerning that the present SBCA DG was appointed in March in apparent violation of the legal principles established therein.
“Given this discrepancy, the present DG SBCA is hereby restrained from acting in the capacity of an authority for a period of 10 days. This restraint is imposed to prevent further legal inconsistencies and potential misuse of authority until this matter is thoroughly reviewed. The issue will be addressed in detail in Constitutional Petition No. D-6372 of 2023, which is scheduled to be listed for hearing on 29.08.2024”, it added.
The SHC in its previous order had also deplored that the local government department had failed to comply with a mandatory provision of law regarding formation of an oversee committee and the whole burden shifted upon courts to examine illegalities allowed by officials of the SBCA with regard to construction of buildings.
Published in Dawn, August 24th, 2024
