KARACHI, March 7: The Sindh High Court directed the provincial government on Friday to constitute an ‘oversee committee’ to monitor the working of the Karachi Building Control Authority (KBCA).
The formation of the committee has been stipulated by Section 4 (B) of the Sindh Building Control Ordinance (SBCO), 1979, as a broad-based panel representing different segments of the citizenry.
It has been tasked to monitor the KBCA functioning, entertain public complaints against it and make recommendations to the government to improve its working. The committee has to be constituted and notified every year without necessarily changing its composition. After the expiry of the committee notified in 2005, no fresh notification was issued.
The issue came up before a division bench during the hearing of a non-governmental organisation’s petition against an old building at Kharadar. KBCA counsel Shahid Jamil Khan said that the building with shops on its ground floor was constructed in 1967 prior to the promulgation of the SBCO and creation of the KBCA. According to the information received by him from the relevant KBCA staff, it was only being renovated by its owner.
The petitioner NGO, Karachi Peace and Justice Society, has wrongfully alleged major violations and KBCA’s inaction. Most of the petitions moved by NGOs, the counsel said, were based on misleading information, which could easily be verified on the spot or from the KBCA office but they straightaway approached the court to exert pressure on the builders and the KBCA staff. To save the court’s time and discourage frivolous litigation, all such petitioners should be asked to seek their remedy from the KBCA and its relevant committee first.
The bench, which consisted of Justices Munib Ahmed Khan and Nadeem Azhar Siddiqui, remarked that it had been awarding heavy costs to curb frivolous litigation but it could not leave all petitioners at the mercy of individuals charged with performing public functions. To ensure compliance with statutory provisions and promote responsible public-interest litigation, the bench ordered that all petitioners, including NGOs, must first agitate their grievances before the KBCA under Section 16 of the SBCO. An appeal could be referred to the authority’s chief executive if a complainant was not satisfied.
The mechanism provided by Section 4 (B) of the SBCO should also be made functional and an oversee committee should be formed and notified.
In the instant case, the bench asked the KBCA to see if any violation had been committed in the course of renovation and regularise or demolish the unauthorised additional structure, if any, in accordance with the law.
Demolition stayed
Justice Khwaja Naveed Ahmed, meanwhile, asked the court’s nazir to inspect Madhu Goth, opposite Sunday Bazaar, University Road, on Saturday to see whether any houses had been or were being demolished there in violation of a court order.
Advocate Zubaida K. Jamali said that the management of a chain of department stores was out to occupy land to establish a cash and carry facility. It claims to have obtained the permission of the Board of Revenue (BoR) and was being helped by police. All those acting in concert to frustrate the court were guilty of contempt of court, she said.
Justice Ahmed issued notices to the respondent for March 10 and asked the nazir to submit his report by that date.
Ships seizure upheld
A division bench comprising Justices Yasmin Abbasy and Dr Qamaruddin Bohra dismissed an appeal challenging a single judge’s order for the arrest of three ships of a Japanese company for delaying textile goods consignments of a Pakistani exporter. The shipping company delayed delivery of goods to the importers in Thailand and then allowed their auction by the Thai customs authorities as unclaimed goods.
The Pakistani exporter instituted an admiralty suit through Advocate Nisar A. Mujahid and a single judge ordered the arrest of three ships of the defendant company in Pakistan’s waters. The order was questioned by an intra-court appeal, which was dismissed on Friday after extensive arguments.
Co-op take-over
The co-operatives registrar (district officer) has been asked by the bench consisting of Justices M.A. Khan and N.A. Siddiqui to take over the management of the P and T Co-operative Housing Society. The society was superseded and an administrator appointed to take control of it following complaints. There were frequent complaints against the administrator and the court restrained him also from running the society’s affairs.
A residents’ action committee, however, complained through Advocate Aamir Aziz Khan that the restraint order against the administrator was construed by the old management as an order against its supersession. The old managing committee resumed control of the society. The bench clarified that the society remained superseded but the district officer for co-operatives would henceforth act as its administrator.
DNA test
Justice K.N. Ahmed ordered the civil surgeon of Karachi to initiate the procedure for DNA tests of two persons. The dispute about their paternity arose during proceedings over inheritance of the property left by Mohammad Shahid.
His widow, Mst Qamar Jehan, stated that she had two sons from him. Shahid’s brother, Mohammad Zahid Ayubi, claimed that he died issueless and he had given him five of his 15 children from two wives for adoption. He requested DNA tests to settle the dispute and the court asked the civil surgeon to initiate the process at Ayubi’s cost.
Mirani’s plea disposed of
A division bench comprising Justices Azizullah M. Memon and Arshad Noor Khan, meanwhile, disposed of as infructuous a writ petition moved by Pakistan People’s Party’s Aftab Shaban Mirani against the unofficial election of Dr Ibrahim Jatoi of the National People’s Party from NA-202. The bench was informed that the election commission had already ordered re-polling on the disputed polling stations.
The bench on Thursday reserved its order on petitions moved by five Muttahida Qaumi Movement candidates against the unofficial election of the PPP and the ANP nominees on five national and provincial seats of Karachi.
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