KARACHI, Aug 30: A division bench of High Court of Sindh, comprising Justice Sabihuddin Ahmed and Justice S. Ali Aslam Jafri, on Friday directed the KBCA chief to “affix responsibility on officers and employees who colluded in construction” of a multistory illegal building.

The directions came during hearing of a constitutional petition filed by Syed Iqbal Haider who challenged the construction of a commercial project, Komal Heights in Kutchi Memon Cooperative Housing Society off Shaheed-i-Millat Road up to five storey level against the approved plan of ground-plus-one.

The bench, disposing of the petition noted that “petitioner has lost interest for reasons best known to him and has not even cared to comply with the order of the court requiring him to pay fee for the commissioner”.

The bench, however, perused a report submitted before the court by Shahid Jameeluddin, counsel for KBCA, and held that the said report “indicates gross violation of law committed in the construction of the building in question against an approved plan of ground-plus-one floor residential bungalow where a five floor multistoried apartment complex was constructed without leaving the compulsory open space”.

The bench also noted that the public notice regarding un- authorized construction was issued in 1998 but KBCA officials and officers failed to perform their duty as warranted by the law.

“We would dispose of this petition by directing the KBCA to perform its duties according to law and at the same time direct the Chief Executive of KBCA to affix the responsibility on officers and employees of KBCA through whose collusion or negligence, it becomes possible to raise the construction to the above extent”.

The Chief of KBCA was also directed by the bench to “report that what disciplinary or penal action has been taken against such employees within two months of this order”.

The bench made it clear that such directions are issued by the bench “in exercise of our jurisdiction under Article 199 of the Constitution”. The failure to comply with this order might be treated as defiance, thereof, the bench said in the judgement.

The KBCA authorities were also asked by the bench to seek assistance of all public bodies, including the provincial and city government, which the bench hoped would provide due assistance.

ORDINANCE CHALLENGED: The Association of Builders and Developers was allowed on Friday to become interveners in a constitutional petition filed by a number of citizens and local NGOs, including Shehri, before High Court of Sindh.

The petitioners impugns an ordinance issued by the Sindh government allowing regularization of illegally constructed buildings.

When an application filed by ABAD came up for hearing before a division bench of SHC, comprising Justice Sabihuddin Ahmed and Justice S. Ali Aslam Jafri, Qazi Fayez Essa and Barrister Naeem- ur-Rahman counsel for petitioners, raised no-objection.

Later Qazi Fayez Essa opening his arguments said that the new law was introduced “to increase the profitability of few individuals at the cost of society”. If this law goes un- challenged, it would mean encouraging illegal constructions and in such a case people would not find a place to walk in this city.

There was absolutely no necessity for this law. He termed the ordinance as “absurdity” while apologising for using such a harsh word.

Undo the law and not the judgment, Qazi Essa submitted referring to a plethora of judgement on the issue of illegally raised constructions.

During Nawaz Sharif era, judiciary was physically assaulted and this ordinance was an ideological bashing”, he submitted.

Qazi Essa was on his legs when the court put off further hearing till Sept 10 for want of time.

PLEA DISMISSED: A division bench of the Sindh High Court (SHC), comprising Justice Sabihuddin Ahmed and Justice S. Ali Aslam Jafri, on Friday dismissed a petition of the PIAC against judgement of a SHC single bench.

The PIAC impugned a judgement and decree in a suit filed by Amber Ahmed, a flight engineer, who was retired on medical grounds.

According to the defendant, he met with an accident in which one of his arms was broken while he was undergoing training in Kuwait and he was declared unfit for the service.—APP