High court seeks report from SBCA on demolition of nine-storey building in Lyari
KARACHI: The Sindh High Court on Tuesday directed the Sindh Building Control Authority (SBCA) to come up with a detailed report about action taken by its officers regarding demolition of an illegal building in a Lyari locality.
A two-judge bench, headed by Justice Nadeem Akhtar, noted that as per the SBCA officials, the entire nine-storey building had been raised without any approved plan.
Some residents of the area had petitioned the SHC and contended that the multi-storey building was being constructed on Mirza Adam Khan Road in Agra Taj Colony without any approved building plan.
The bench dismissed an application moved by four applicants to become interveners in the present proceedings on the ground that they were the bonafide purchasers of different tenements in the subject building.
While referring to a judgment of the Supreme Court, the bench observed that since the applicants could not be considered to have any right, title or interest in the property, they would have to face the consequences of the earlier orders passed in respect of the building.
“They remedy, if any, will be against the builder/seller from whom they have allegedly purchased the units situated in the illegally constructed building”, the bench in its order added.
The SHC was informed that the nine-storey building was raised on a plot measuring 57 square yards.
Deputy director SBCA Saddar and lawyer for the authority also told the bench that the entire construction was made without any approved building plan.
“SBCA is directed to submit a detailed report regarding the present status of the impugned illegal construction and the action taken by the SBCA for its demolition/removal”, the order said.
While adjourning the hearing till Nov 14, the bench directed the SBCA’s director concerned to be in attendance at next hearing along with the compliance report.
Published in Dawn, October 18th, 2023