KARACHI: SHC bars utilities from providing connections to 100 buildings
KARACHI, Oct 7: On a writ petition moved by Chief Controller of Buildings, Manzoor Qadir, on behalf of the KBCA, an SHC division bench consisting of Justices Munib Ahmed Khan and Khwaja Naveed Ahmed barred the Karachi Electricity Supply Corporation, the Karachi Water and Sewerage Board and the Sui Southern Gas Company from sanctioning their connections to 100 buildings being constructed, according to the KBCA, in violation of the rules.
The registrar of properties was directed not to register sub-leases of shops and flats in the buildings without the KBCA’s approval.
KBCA counsel Shahid Jamil Khan submitted on behalf of the petitioner CCOB, who was also present, that according to data collected by the KBCA, a whole lot of 100 buildings were coming up fast in violation of the rules.
The KBCA had made all possible efforts to stop unauthorized construction but its efforts had failed because of the absence of police assistance. Once the offending building became habitable, it would become impossible for the authority to take any action to enforce the law even if directed by courts.
The buildings, the lawyer said, were situated in Saddar, Lyari, Liaquatabad and Gulshan towns and other congested localities, and once they were occupied, it would not be possible to evict the occupants and demolish the buildings. He requested the court to order the attachment of all 100 buildings to prevent further violations.
The plea was opposed by Advocate-General Mohammad Yusuf Leghari, who said the buildings should be dealt with on a case-to-case basis. The bench adjourned the hearing to Nov 5 for detailed arguments and restrained the utilities in the meantime.
Plea admitted
The Supreme Court admitted a builder’s appeal against attachment of his unauthorized structure but restrained him from raising further construction and from creating third party interest.
A division bench of the Sindh High Court comprising Justices Munib Ahmed Khan and Rana Mohammad Shamim had ordered the attachment of the commercial-cum-residential project named Moon Garden, built over 4,000 square yards, for grossly violating the sanctioned plan and building rules.
About 2,800 square feet of the structure falls within the remit of the Karachi Building Control Authority and the rest in that of the Faisal Cantonment Board. This dichotomy of control also hindered the enforcement of building regulations.
According to the KBCA, it had sanctioned a building design for basement and five floors. The builder constructed five additional floors without any permission or sanction. Instead of the approved 128 shops, 160 were built and the number of apartments was increased from 128 to 189. The SHC ordered attachment and the builder challenged the order in the Supreme Court.
An SC bench comprising Justices Mohammad Moosa K. Leghari, Syed Zawwar Hussain Jaffery and Sarmad Jalal Osmany admitted the appeal but restrained the builder from further construction and alienation in favour of third parties. The building or any part of it would not be occupied without and until the issuance of occupancy certificates by the regulatory authorities, the bench further ordered.
Police help
Disposing of another petition moved by a non-governmental organization against construction of an unauthorized building on plot number 163, Garden West, the bench ordered that an additional home secretary would henceforth entertain KBCA requests for police assistance in carrying out demolitions.
The city district government police station expressed its inability as it had been given no authority to register cases and was short of manpower, mobile vans, arms and equipment. The KBCA wanted the CDGK police station to be duly empowered and equipped, but the plea was contested by the AG.
A way out was found by appointing an additional secretary as co-coordinator between the KBCA and police. The KBCA would send its requirement for police aid well in advance of the demolition operation and the secretary would ensure that due assistance was provided. According to the KBCA, however, such arrangements had not worked in the past and the only way out was to empower it to discharge its functions.
Nazim ouster upheld
Another division bench comprising Justices Khilji Arif Hussain and Bin Yamin dismissed a petition moved by the ousted nazim of Chambar union council number one, Ali Nawaz Lashari. The petitioner said the recall motion against him suffered from incurable illegalities and irregularities. He belonged to the opposition Magsi Ittehad and the ruling party was out to victimize the group and its members.
Contesting the petition, Advocates Abu Bakar Zardari and Assistant Advocate-General Adnan Karim Memon submitted that all requisites were fulfilled in moving and adopting the recall motion.
Eleven out of the 14 union council members filed affidavits stating that they wanted the nazim’s removal and supported the motion. Advocate Zardari said the petitioner’s office was an elective office and the democratic process should be allowed to take its course.