FIRSTLY, one bit of good news. In Pakistan, this nation of some 160 million people, there is actually one sole qualified seismologist, who has the distinction of being a woman, a member of the so-called ‘gentler sex’, Ms Mona Mirza, a PhD in earthquake engineering.

Dr Mirza is a member of the faculty of the Quaid-i-Azam University. Her thesis on earthquake engineering was marked ‘Excellent’ by supervisors in the United Kingdom, Germany and France. It covers the northern areas of Pakistan and pinpoints Muzaffarabad as being a ‘highly hazardous’ zone.

Another bit of good news is that the Cowasjee Earthquake Study Centre founded by the able vice-chancellor of the Nadirshaw Eduljee Dinshaw University of Engineering and Technology, Abul Kalam, is arranging for Dr Mirza to visit Karachi, study the information collected by CESNED and assess the dangers faced by the citizens of this city in the likely event of a natural calamity.

The rest is bad news. By donating towards the various earthquake relief funds, we cannot absolve ourselves of our collective responsibility — a mixture of ‘couldn’t care less’, ignorance, selfishness and greed — for the tragedy that has struck millions of our fellow citizens up north.

As for Karachi and its building environment, I have written umpteen times warning both authorities and citizens, and of late with particular reference to ‘regularization’, about the thousands of dangerous, illegally and unlawfully constructed buildings with which this city abounds. The ‘regularization’ scheme was sponsored by the non-political government of Sindh under Governor Mohammadmian Soomro, and it poses untold dangers for thousands, maybe millions, of us.

As an added warning, at this particular juncture of time, I can do no better than revamp what I wrote way back in 2001, specifically on the safety of those who live in buildings in Karachi. This ‘regularization’ aspect has been dealt with again and again, and though it may be boring in the extreme, it is vital.

The Karachi Building Control Authority (KBCA) remains as corrupt, as devious, as damaging as it always has been, and unless something radical happens, it is likely to remain so now and for evermore.

The majority of high-rise buildings which stand in Karachi fall under the ‘faulty’ classification. Now, as to how these buildings were built. The builders of high-rises, higher than ground plus four storeys, are expected to send in plans which meet with the rules and regulations, making the buildings suitable to withstand ‘Zone 2’ earthquakes as defined by the Uniform Building Code of the US. The KBCA is expected to have the plans vetted by their engineers and an external panel of proof engineers. This seldom happens. The plans are normally merely stamped and approved.

What the builders then build are not even in conformity with the plans so dishonestly approved. Then, blatant corruption arises. The KBCA makes ostensible objections and sends notices to the builders. The builders employ lawyers known for their ability to make pay-offs and they rush to court. These men of law manage to get court orders of sorts, restraining the KBCA from taking any action and allowing the builders to continue with construction. The judges concerned, knowingly or unknowingly, effectively become the Chief Controller of the concerned buildings. Others involved, criminally or not, are the builder, his architect, his engineer, his lawyer, and his aiders and abettors — the KBCA building controllers and the KBCA lawyers.

The buildings are completed, no occupancy/completion certificates are asked for by the builders or issued by the KBCA. In fact, no such certificate has been issued to any high-rise built since 1994.

The buildings are then allowed to be unlawfully occupied by the allottees/buyers who themselves are not interested in establishing whether or not they are occupying a safe and lawfully constructed building. Under the law, the KBCA should evict the occupants. This it has never done, using various excuses as a cover.

This same series of events was routine in Turkey prior to the 1999 earthquake, as it was in India before the Bhuj earthquake struck. Matters in both countries have since been rectified.

In the event that an illegally and badly constructed building collapses, and people die or are injured, everyone from the judge downwards is responsible. There have been various claims, counter-claims and judgments regarding illegal buildings, but the two judgements which hold the field are 1999 SCMR 2089 Messrs (Excell Builders & others vs Ardeshir Cowasjee & others) and 1999 SCMR 2,883 (Ardeshir Cowasjee & others vs Karachi Building Control Authority-KMC & others). The judges in both cases were the then Chief Justice of Pakistan Ajmal Mian, and former Justices Mohammad Bashir Jehangiri, Mamoon Kazi, Shaikh Riaz Ahmad and Chaudhry Mohammad Arif. Both judgements, which cover most aspects of illegal constructions, stand unchallenged. Strangely, some lower courts still decide contra to what Ajmal Mian has so painstakingly set forth in these two judgements of merit.

With regard to the ‘regularization’ misadventure on which the KBCA is still bent, in 2001 the private sector members of the then existing governing body (since disbanded) sent in a note which the endangered species of Karachi may wish to again read:

“1) The law presently allows ‘regularization’ of buildings that have contravened the approved plan — the deviations of which fall within what the Regulations permit. All these can be processed immediately. Minor excursions outside the Regulations will have to be removed/eliminated so that the remainder of the structure can be ‘regularized’.

“2) Before processing, each unauthorized/illegal building/ structure will have to be thoroughly examined and technically certified by Vetting Engineers of integrity for earthquake and structural safety compliance.

“3) For the rest of the unauthorized/irregular constructions and so-called ‘sealed’ structures the following five steps must be taken (steps enumerated).

“4) Problems with mass and unlawful ‘regularization’ of illegal buildings include: (a) The illegal structures are potentially dangerous and may collapse in the next UBC Zone-2B earthquake to hit Karachi. Naturally, for a fee, numerous ‘brief case’ structural proof engineers will be willing to certify that individual illegal buildings are ‘safe’. (b) Mass ‘regularization’ will establish that the government is not interested in implementing the writ of law. Further illegal construction will be promoted and will mushroom. (c) Corrupt KBCA officials will get away scot free — and will make more illegal money in the ‘regularization’ process. (d) Who wants ‘regularization’? Who is affected? The builders? They run away and cannot be found to be prosecuted and punished. The allotees? They have allegedly already occupied the so-called ‘sealed’/illegal buildings and obtained sub-leases, utility connections, etc. The government? The penalty monies cannot be used to pay salaries. (e) Profits on illegal buildings range from Rs.4 crores to Rs.90 crores per building. Will the so-called ‘deterrent’ regularization penalties be comparable? In any case, the recalcitrant illegal builders will not be affected : they will pass on the penalties to the buyers. (f) Why does this government and its placid administrators continue to allow this dishonest issue to be ‘fired from the shoulder’? How can this government assume responsibility for the thousands of lives which could be lost in the future when such ‘regularized’ buildings collapse?

“5) ‘Regularization’ penalties are a form of ‘development charges’ and must only be used to upgrade the utilities and infrastructure of the localities affected by the concerned unauthorized construction. The funds cannot be diverted for any other use, particularly not towards non-development uses such as the salaries of a bloated bureaucracy.

“6) The concept of mass ‘regularization’ is a violation of the citizens’ fundamental ‘right to life’ as guaranteed by the Constitution. The government cannot trample on the rights of millions of citizens to favour a few.”

The ‘regularization’ ordinance was enacted by Governor Soomro despite recorded dissent. The present Chief Controller of Buildings, a retired Armoured Corps officer, ‘advised’ and aided by his various controllers (one of whom has just been arrested) has ‘regularized some 5,000 buildings without any inspection having been done.

The people living in these buildings, and those thousands who flock to shop in the hundreds of shopping ‘malls’ and ‘plazas’ must be warned of the dangers posed. We need proactive Chief Justice of Pakistan Iftikhar Muhammad Chauhdry to please immediately step in and order that the KBCA list on its website all these dangerous ‘regularized’ buildings, with their plot numbers and location, so that those concerned about their own safety may be aware of the hazards they face.

Would the good Chief Justice of Pakistan also heed the fact that in 1994 a Human Rights Case (42/94) was filed in the Supreme Court by ‘Shehri — Citizens for a Better Environment’, the Society for the Conservation and Protection of the Environment (SCOPE), and the Human Rights Commission of Pakistan (HRCP) through Barrister Naim-ur-Rahman, challenging the violation of ‘right to life’ caused by the criminal contravention of building and town planning codes in the largest and richest city of Pakistan — Karachi. This case lies dormant in the Supreme Court archives, unheard.

e-mail: arfc@cyber.net.pk