HYDERABAD: An official of the Sindh culture department has issued a show cause to the owner of Hiranand Bharumal Melwani Mansion (1938), a heritage property on Fatima Jinnah Road, to appear before the deputy director (heritage) on March 14 to explain as to why legal action should not be taken against him for violating Sindh Cultural Heritage (Preservation) Act 1994.

The notice, issued on Monday by the assistant director-heritage, also warned the owner that if he failed to appear before the undersigned, it would be assumed that he had no valid reason to justify the unauthorised demolition work on the site and the department would proceed with its actions accordingly. It was issued by the official following reports that unauthorised demolition work on the heritage building had started.

Sealing order issued

The department has also issued a sealing order for the building on Monday. Its copy has been sent to the deputy commissioner Hyderabad, SSP Hyderabad, regional director of the Sindh Building Control Authority (SBCA) Hyderabad and assistant commissioner city.

Order issued to seal the property; FIR not being registered for legal reason, says official

The order said that immediate action by all concerned should be taken in the matter accordingly and the building be sealed.

It said the SHO should be directed to take action if the seal was found broken. The notice said that the seal should not be tampered with, otherwise, the SHO might initiate action as per law and get work stopped forthwith under intimidation to the culture department office.

Access to upper floor blocked

It was learnt that the area which provides access to the upper floor of the building was sealed by the culture official. But the ground floor which houses a tea hotel remained unsealed for reason best known to the culture department.

MQM-P seeks preservation

Muttahida Qaumi Movement-Pakistan’s lawmaker Rashid Khan, in his statement, said that he also approached the Sindh culture department for the preservation of the building and sent a voice to the culture minister to draw his attention to the issue.

He said the heritage building was an asset of Hyderabad since 1930s and was in dilapidated condition.

“This building not only has historical significance but cultural identity as well,” he said. He added that silence of the culture department was not only detrimental to that building, but also indicative of malpractice.

Meanwhile, an FIR was not yet lodged for which a letter was issued by the deputy director (heritage) Karachi on Monday.

Legal hitch in registration of FIR

DG-Culture Fatah Sheikh told Dawn that in view of a single-judge bench judgement of the Sindh High Court, an FIR was not being lodged for the time being. He said that as per that judgement in the Mariam Manzil case, an agreement had to be there between the heritage property owner and culture department for conservation of the property.

He said that culture department’s appeal against that judgement was rejected by a division bench. But now the department was approaching the Supreme Court, he said.

Therefore, he added, to avoid legal hitches, registration of the FIR was being withheld and that’s why the department’s technical committee had also asked the owner to appear before it along with his papers and plan by issuing a show-cause notice.

The DG also said that like any other privately-owned heritage properties across Sindh, the culture department did not have an agreement with the owner of that property under Section 8 of Sindh Cultural Heritage (Preservation) Act, 1994.

The department was looking into this aspect of the Act 1994, he claimed.

He said the heritage and archaeological sites owned by the government could be easily preserved, but the consideration of privately-owned heritage properties’ conservation faced issues as far as legal action against owner was concerned for any violation of the heritage law.

Published in Dawn, March 12th, 2025