KARACHI, Dec 10: The governor of Sindh, Dr Ishratul Ibad, has directed an end to what he called “unnecessary interference” in the unlawful construction being carried out by the NED University of Engineering and Technology, Dawn has learnt.
Sources said that the directive was issued by the governor’s secretary, Nasar Hyat, in a communication to Chief Secretary Fazalur Rehman, instructing him to direct his subordinates to refrain from stopping the university from carrying out construction that is, according to the sources, actually against the law.
Reportedly, the NED University undertook construction/restoration work in its city campus building, which is protected under the Sindh Cultural Heritage Protection Act. The law prohibits even the owner of a protected building from carrying out any construction, restoration or repair work until a no-objection certificate has been obtained from the advisory committee on cultural heritage, which is headed by the chief secretary. Furthermore, before undertaking construction in any building of the city, a permission or approval of plans has to be obtained from the Karachi Building Control Authority (KBCA).
Sources informed Dawn that the NED University had neither the NOC from the advisory committee on cultural heritage nor the approval of plans by the KBCA. The absence of both these permissions renders illegal the work being carried out by the head of the university’s architecture department, Dr Nauman Ahmed, and his deputy, Anila Naeem, under the overall supervision of octogenarian Vice Chancellor Abul Kalam.
In his letter to the chief secretary titled “NED University Restoration Project”, the governor’s secretary Nasar Hayat says:
“KBCA is raising objections on restoration work being carried out by the NED University at its city campus which is also being highlighted by the press as a violation of KBCA rules and protection of heritage.
“Restoration work of the said building was assigned to NED University’s Architecture Department by chief secretary Sindh as part of the responsibilities for tabulating, photographing and recording all heritage buildings in its capacity as UNESCO’s sub office in Pakistan.
“This work is also being done with partial funding by the National Fund for Cultural Heritage (NFCH). Any approval from KBCA in this regard is, therefore, not required.
“However, one meeting of the chairman, Architecture and Planning Department of NED University of Engineering and Technology, with Secretary Culture Department, in this secretariat is required to be convened to settle any further details in connection with this issue.
“It is therefore directed that KBCA may be directed, not to keep on unnecessarily interfering in restoration work of the city campus of NED University which is one of the premier institutions of engineering education in Pakistan.”
Sources pointed out that the governor holds a figure-head position and does not have any executive authority, which rests with the chief minister. It was surprising, therefore, that he issued a directive that relates to the day-to-day working of the government. Furthermore, they said, the governor is the chancellor of the university and, as a result, is party to the conflict. This weakens his authority to influence the work of other government departments in this regard, since there is a direct clash of interests.
The performance of the city’s various government departments is far from ideal and the KBCA is no exception, as is evident from the jungle of buildings patently violating different sets of laws. However, said the sources, this was one case where the KBCA had been working efficiently and had issued a number of notices to the NED University directing the cessation of the illegal construction.
They pointed out that the KBCA had been as cooperative as possible within the law. It first gave the university time to present the relevant NOCs, permissions and approvals, which has not been done so far. Even then the KBCA, keeping in mind the credibility of the educational institution, refrained from sealing the premises of the university. In the case of other builders violating the law, the government department has shown no such leniency.
Also keeping in mind of the status of the NED University, the Sindh culture department too did not take any stern action – at the cost of even its own credibility since the department came under severe criticism for failing to take action against the violators of the law.
The sources pointed out that the directives came from the highest office in the province through formal channels, and were ordering government officials to refrain from performing their official duties in a case where the violators were influential institutions or people. This, they said, had a demoralising effect on the officials who were left in a dilemma. If they followed the governor’s orders, the new government may take them to task for not performing their duties. However, if they refused to follow the orders, the incumbents of high offices would become annoyed over the issue.
With such unusual orders coming from the high provincial office, said sources, it was not difficult to foretell the decision of the advisory committee on cultural heritage, which is to decide the NED issue shortly. They also pointed out that the Sindh culture department has a soft spot for the NED University since one of its faculty members, Anila Naeem, serves on the SCD technical committee while another adjunct faculty member serves on the SCD advisory committee.
“One of major ills in society is that the rules and regulations are enforced on lesser mortals while the high and mighty or the influential always get their own way without any problems,” said the sources. “A few such lesser mortals who violated the laws referring to protected buildings were prosecuted in court. But there are many instances when influential organisations, including the Pakistan Rangers, the Cantonment Board, the army and the governor’s house, have violated heritage laws with impunity and no action has been taken against them.”
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