Unauthorised construction on plot within Pucca Qila stopped
HYDERABAD: The district administration on Tuesday moved into action to restrain a private party from continuing with the construction of a commercial plaza on a plot situated within Pucca Qila -- a heritage site protected under the Antiquities Act, 1975.
The action was taken after Director General of Antiquities & Archaeology Abdul Fatah Shaikh approached Deputy Commissioner Zain Ul Abiden Memon to seek his intervention regarding the “unauthorised” construction work.
Assistant Commissioner City Babar Saleh Rahupoto, on a directive of the Hyderabad DC, visited the site along with Assistant Director of Antiquities Department Sindhu Chandio and got the construction work stopped.
The private party was found continuing with the construction work on the plot, CS No. 2727/1, Ward-E, where a ground-plus-two building is planned to be raised.
The no-objection certificate / approval for the construction has been given by the Sindh Building Control Authority (SBCA).
The AC City issued a notice to the party, Shaikh Mohammad Imran, through his attorney, Mohammad Qasim Shaikh, on Tuesday (Dec 31) informing him that he was raising an illegal commercial plaza on the plot.
The act is against relevant rules and it constitutes a clear violation of law, according to the notice which requires Mr Imran to appear before the AC City on Jan 3, 2025 to produce all relevant records of property, including property registry, NOCs and the building plan approved by the SBCA.
The SBCA had issued the NOC on Aug 8, 2024, as per the available document.
Sindhu Chandio, speaking to Dawn said that an old house was standing on the plot when Shaikh Imran obtained permission from the SBCA to demolish it and raise a commercial plaza. She pointed out that this piece of land was located within an area that covered the entire Pucca Qila. “New construction cannot be carried out on the plot because other heritage sites are located in the same row,” she told Dawn over phone while confirming that the AC got the work stopped on the directive of the DC.
She said she had made correspondence with the authorities concerned when the old house was being demolished but no action was taken. She added that her department’s Director General Abdul Fatah Shaikh then wrote a letter to the SBCA and DC for the cancellation / withdrawal of the NOC issued by the SBCA.
In his letter dated Dec 18, 2024, the DG mentioned that the permission for the proposed building plan on the subject property was issued by the SBCA regional director without obtaining prior permission from his department.
He reminded the two authorities that Pucca Qila was declared a protected heritage site under the Antiquities Act, 1975. He urged the DC to issue directives to the officer concerned to take action to ensure stoppage of the unauthorised construction work on the plot.
The same day, the DC communicated the matter to the director general of SBCA at Karachi, drawing his attention to the proposed building plan.
Fatah Shaikh mentioned that on Nov 20, 2024 SBCA Hyderabad regional director was requested to suspend / cancel the permission until the matter was decided by his department.
However, despite several requests for the cancellation and stoppage of illegal activities, the SBCA did not intervene to get the illegal construction stopped or cancel the permission.
Fatah Shaikh also mentioned that the technical committee on Sindh Cultural Heritage in its meeting on July 2, 2024 had decided not to allow any construction work within Pucca Qila. The SBCA Hyderabad regional director should be directed to suspend / cancel the permission, he urged the authorities.
DC Zain told Dawn that the (Dec 31) action was taken in view of reports that unauthorised construction inside Pucca Qila was going on. He said that the property owner was previously asked to refrain from this activity but he did not stop. The DC maintained that he had also approached the SBCA to ascertain that how did it issue the NOC for the construction.
Last year, construction on another plot, No. 1414, within the fort had to be stopped when the then DC, Fuad Soomro, intervened after having learnt that construction was taking place on the plot, which was carved out after demolishing a wall of the historic fort.
He had got an inquiry into the matter conducted and called all entries in the record of rights, considering the fact that the 292 sq-yds plot (1414) was located inside the fort.
The Hyderabad Municipal Corporation (HMC), in its findings, also revealed that the lease papers of the plot were prepared fraudulently. The plot is presently owned by a Muttahida Qaumi Movement activist. He has moved civil court on the issue and the proceedings are under way.
Published in Dawn, January 1st, 2025