KARACHI, Oct 29: The Karachi Building Control Authority has been devolved on the city district government, Advocate-General Anwar Mansoor Khan submitted before Justice Ataur Rahman of the Sindh High Court on Friday.
Responding to a court notice in the Oaks Tower case, the AG said Section 182 (1) of the Sindh Local Government Ordinance (SLGO), 2001, empowered the provincial government to devolve any authority on the city district government.
In pursuance of the provision, the Sindh government's local government department issued a notification devolving the KBCA as the CDGK's 16th group of offices. The group was notified as "building control group of offices".
As for the functions of the CDGK's district coordination officer, the AG said the officer was tasked by Sections 27 and 28 of the SLGO to supervise and coordinate the work of the various departments of the city district government.
CDGK counsel Manzoor Ahmed argued that the DCO was also the administrative head of the various groups constituting the CDGK. He said the KBCA could not exercise its powers independently of the city district government and its nazim and DCO. It could only function as a group of the CDGK.
KBCA counsel Shahid Jamil Khan stated that the authority was set up and discharged its responsibilities under the Sindh Building Control Ordinance (SBCO), 1979.
The city nazim has been named 'authority' in terms of Section 4 of the SBCO. The KBCA remained an autonomous wing of the CDGK under its chief controller. The DCO could deal with it through the designated authority, that is, the city nazim.
He could not interfere in the day-to-day working of the KBCA. The position fully conformed to the high court judgments on the issue. The issue cropped up during proceedings in a suit instituted by M/s Oak Builders, who said they had a no-objection certificate issued by the CDGK predecessor, the (defunct) Karachi Metropolitan Corporation, to raise a multi-storeyed building complex on a plot on Queen's Road near the PIDC House.
The CDGK was not prepared to accept the validity of the NOC while the KBCA wanted the builder to obtain a fresh certificate. The DCO issued various directions to the KBCA in the matter. The hearing was adjourned to Nov 2.