KARACHI: The Sindh High Court has ruled that the Sindh Building Control Authority (SBCA) had an ongoing obligation to regulate all buildings which were in danger of collapse and oversee the repair and demolition process of such structures as well.

The SHC also expressed its deep concerns over the position taken by the SBCA in abdicating its duty in respect of dangerous and dilapidated buildings.

The SBCA in its reply claimed that once a demolition permission had been granted, it went out of the jurisdiction of the SBCA under Section 14 of the Sindh Building Control Ordinance, 1979.

The two-judge bench comprising Justice Nadeem Akhtar and Justice Mohammad Abdur Rahman said, “Notwithstanding that they have issued a permission to the owner of a project to demolish the construction on a property, have a continuing obligation to regulate all buildings which are likely to collapse and to regulate their demolition or repair in terms of Section 14 of the SBCO, 1979 read with the provisions of Regulation 7 of the KB&TPR, 2002”.

Authority says matter not in its jurisdiction after grant of permission for demolition

The bench made these observations while deciding a petition seeking direction for the SBCA to demolish the structure located in Garden since the same was falling within the category of “dangerous building”.

The SHC noted that the petitioner had attached various photographs with the petition and a bare perusal of same could leave no doubt that the construction existed on the subject property was a hazard and which if left in its current state would eventually fall and may even be a threat to the lives of persons living within the immediate vicinity of such property at that time.

The SBCA submitted that the owner of the subject plot had obtained the demolition permission from the authority in November last year and thereafter, started the demolition of such building to obtain fresh approval of construction on the same plot and previous structure was not declared dangerous by the SBCA.

Thereafter, the SHC asked the SBCA to clarify as to how permission for demolition having been sanctioned by the SBCA could override the statutory obligations of the authority to both declare a building dangerous and to demolish such structures.

The SBCA in its reply asserted that once the demolition permission had been granted, the jurisdiction of the SBCA was ousted.

The bench in it order said, “The duty cast is clearly in furtherance of the duty of the SBCA to ensure that construction in the Province of Sindh ensures the safety of the public and which we have no doubt includes the demolition of ‘dilapidated’ and ‘dangerous’ structures which are and have in the past been the cause of a loss to human life”.

It also noted that it was the obligation of SBCA to take notice and not to wait for information to be placed before it regarding the likelihood of a building to collapse, but rather it was a continuing obligation to take a proactive role by itself in reviewing the construction of buildings and to identify the buildings which could collapse after completing an enquiry and then to forthwith take action to direct the owner to carry out specific repairs to remove the likelihood of the building from collapse or to issue directive for demolition of whole building or a ‘part’ to remove the likelihood of the building to collapse.

“We not only are unable to agree with such contentions but are also deeply concerned with the position taken by the SBCA in abdicating its duty as cast on it under Sub-Section (1) of Section 14 of the SBCA, 1979 to regulate buildings which are such a state”, it added.

While allowing the petition, the bench directed the SBCA to demolish the entire structure on the said property within three weeks and submit a compliance report.

Published in Dawn, January 22nd, 2024