KARACHI, March 2: Notices were issued to the Karachi Building Control Authority (KBCA) and its officials in two alleged cases of acting beyond jurisdiction and powers by a division bench of High Court of Sindh (SHC), comprising Justice Syed Zawwar Hussain Jaffery and Justice Maqbool Baqar.

The bench was hearing a constitutional petition filed by Abdul Majeed Abdani, who had purchased an apartment in Rabia Arcade.

The petitioner maintained that the respondents, Rabia Construction Company, initially delayed registration of sub-registration dead and later possession was denied to him on one pretext of the other.

The company later asked the petitioner to surrender his sub-lease as it wants to install a KESC sub-station.

The petitioner maintained that he refused to do so as a separate space was allocated for KESC sub-station.

The KBCA officials later joined hands with the company and demolished a portion of the disputed shop, stated the petitioner, maintaining that the KBCA acted beyond jurisdiction and authority.

The KBCA is empowered to demolish a building which is constructed in violation of building control laws and in the instant case, no violation had been committed as the entire building conforms to the rules and regulations, the petitioner maintained, alleging that he was also harassed by the KBCA officials.

The petitioner prayed to the court to declare the demolition by the KBCA as illegal, and to direct the KBCA to refrain from harassing or continuing or repeating such illegal actions in future.

The bench, after hearing the counsel for the petitioner, issued notice to the KBCA for a date to be fixed later.

The same bench, hearing another petition filed by Malekabai and 63 other allottees of flats in Karimabad Colony, an old project of Agha Khan Ismailia Trust, put off hearing to a date in office on the request of counsel of the Karimabad Cooperative Housing Society.

The petitioners maintained that they had been residing on the ground floor and are using open space in front of their flats as courtyards.

The complex is a private-owned property and protected by a boundary wall since 1969 when Sindh Building Control Ordinance (1979) was not in force, the petitioners submitted.—APP