HYDERABAD: Officials of district administration, culture department and Sindh Building Control Authority look the other way as owner of a plot located on the premises of the 18th century Pucca Qila fort, obtained permission from court to resume construction of a commercial building on the disputed piece of land, which had earlier been stayed by the authorities concerned.

Neither deputy commissioner, assistant commissioner and assistant director of the culture department, who had got the construction work suspended in December 2024, nor the SBCA whose deputy director had stayed issuance of a “no objection certificate” for layout plan could learn about the civil suit when it was filed and then decreed in favour of plaintiff a week back allowing him to continue construction as per the layout plan.

Dawn learnt on Monday that being defendants SBCA officials appeared in the court but did not present factual position of the plot and did not inform the judge that it was located within prohibited area of archaeological site of the fort.

According to Feb 4 judgement, a copy of which was available with Dawn, passed by Senior Civil Judge-III Wazeer Ali Bohio, the respondent officials raised no objection over the construction of basement plus ground and two storied building if the plaintiff complied with the layout plan.

The plaintiff Shaikh Mohammad Imran, the plot’s owner on whose behalf Mohammad Qasim exercised general power of attorney, did not implead DC, AC city and assistant director of culture department as defendants but cited as respondents secretary of local government, sub-registrar of Hyderabad, SBCA’s regional director and deputy director and deputy director of Hyderabad Development Authority (HDA).

The plaintiff did not mention in the suit the cultural department’s objections over the construction on the plot in a prohibited area under Antiquities Act 1975 and claimed before the court that SBCA’s regional and deputy directors were threatening to cancel the layout plan although he was working according to the plan.

The judge ruled: “It is hereby ordered that defendants have stated they will not create any hindrances in the construction work of the building, if it is constructed as per the approved layout plan and counsel for the plaintiff filed statement in this regard that the plaintiff will not violate it, therefore there is no need to further proceed with the matter…”.

He added further: “Consequently, the plaintiff’s suit stands disposed with directives to the plaintiff to abide by the SBCA rules and to construct the building as per approved layout plan. However, if any illegal construction is raised without approved plan, the defendants are always at liberty to take action in accordance with law”.

Surprisingly, Zaheeruddin Sehto, counsel for defendant SBCA and HDA, did not tell the court that Pucca Qilla was the 18th century fort and an archaeological site.

The no objection by the respondent SBCA officials over the construction was in conflict with the action of the authority’s deputy director who had ‘stayed the same construction’ only a month back on Jan 7 in the wake of correspondence with Director General Antiquities & Archaeology Abdul Fatah Shaikh on Dec 18, 2024.

Published in Dawn, February 11th, 2025