KARACHI, Feb 8: The Sindh High Court on Thursday admonished the Karachi Building Control Authority (KBCA) for incompetence in three cases of building rules violations and asked the chief controller of buildings (CCoB) to appear on February 15 and March 2 along with the record.
In one case, the high court had ordered inquiry and action against the officials involved in ignoring unauthorised construction on plot number 144-GRW-2, Garden West. The order was passed in 1999 but officiating CCoB Rauf Akhtar Farooqui who appeared before Justice Maqbool Baqar on Thursday, said the relevant file and records were missing and he was not in a position to say whether, and if so, what action was taken against the delinquent officials. At one stage, he even stated that he had nothing to do with the KBCA affairs as he had been taken temporary charge for 10 days during the CCoB’s absence abroad only on Wednesday. The court took a serious view of his apathy and unconcern. Mr Farooqui assured the court that stringent action would be taken against the builders, architects, engineers and KBCA officials indulging in violation of building rules.
In a statement produced in the court, Saddar Town deputy controller of buildings, Abdul Hameed Zardari, said the owner of the plot had got a plan sanctioned for ground-plus-one floor residential bungalow but constructed a basement, five additional floors and a penthouse. He submitted a regularisation plan after completion of the unauthorised structure.
The regularisation plan, which involved change of land use, was forwarded to the city district government’s master plan group of offices (MGPO). The plan was not approved by the MPGO and the KBCA also rejected it on February 6.
The original file of the plot, the deputy controller said, was missing and the KBCA issued a ‘search warrant’ to trace it. The authority also issued ejection notices to the occupants of the unauthorised structure. The city district government and the (Saddar) town police have been requested to provide the necessary assistance for evacuation of the building and its demolition. Further details, including action taken against the delinquent KBCA officials, would be submitted as soon as the missing file became available.
The court expressed its annoyance over the vague statement and asked the acting CCoB and CCoB Mumtazur Rehman Khan to hold an inquiry and submit their report on February 15. Both the controllers were directed to appear personally on that date.
In a petition pertaining to unauthorised construction on plot number MR-1/103, Saddar Town, a division bench comprising Justices Mushir Alam and Mohammad Afzal Soomro directed the deputy controller to produce within three weeks the ‘proof’ engineer’s certificate required for buildings having more than four floors. He would also certify that the building had a provision for lifts.
About the deputy controller’s statement that the original record of the plot was missing, the bench observed that the ‘lame excuse’ clearly evidenced that the KBCA officials were in complicity with the offending builders. ‘Regularisation’ plans have become a convenient cover for carrying out illegal construction activity.
The bench directed the CCoB to ensure that no construction activity was carried out in contravention of the sanctioned design unless a revised plan was submitted and sanctioned prior to additional construction. The order is to be communicated to the CCoB and copy of acknowledgment by his office should be placed on court record on the next date, the bench directed.
